Choosing an Executor is one of the most important decisions in making a will. The correct selection can make all the difference in the probate process. Also known as the personal representative, the Executor carries out the testator’s last wishes.
This charge comes with several responsibilities. Here are some recommendations for those who need to learn how to choose a good Executor.
What Does an Executor Do? Responsibilities and Duties
If someone dies without naming an Executor, the court will be responsible for choosing one. This person must manage the deceased person’s estate, including assets, properties, and debt.
The administration of the estate comes with many duties and responsibilities. For example, the Executor must:
- Locate the assets
- Use the estate to pay taxes and debts.
- Get a certified death certificate.
- Begin the probate process.
- Distribute the remaining estate to the beneficiaries.
As you can see, the Executor has to be someone who is able to juggle all sorts of important responsibilities.
How Do I Choose a Good Executor for My Will?
An executor must meet specific requirements in order to be effective. First, he or she must have time to fulfill his or her duties. In addition, he or she must be a responsible person. The only restrictions are that he or she cannot be a child under 18 or have been convicted of a felony. Other characteristics of an effective executor are:
- Must be an honest and organized person
- That their nomination does not create problems with other family members
- That they have the communication skills necessary to help the rest of the family through a difficult time
- That they live close to the testator’s properties, or that they’re willing to travel to carry out their duties
Usually, the testator selects a family member of the deceased as the Executor—for example, a spouse, sibling, or even an adult child. The Executor must receive a copy of the will. Also, the testator must share the location of his property.
If you plan to choose an Executor and create your will, an additional recommendation is to seek the services of an attorney with experience in estate planning & probate. The proper legal guidance can help you streamline the probate process. Avoid leaving legal problems for your heirs and look for a professional representation.