Creating a will is one of the most important steps in planning your estate—but equally important is choosing the right person to carry out your wishes in that position. This person is known as your executor, and the executor plays a central role in making sure your estate is handled properly after your passing.

In this article, we’ll walk you through what an executor does, who can serve as one, and how to choose the right person for the job.

What Is an Executor?

An executor is the individual responsible for carrying out the instructions laid out in your will. This role involves overseeing your estate and ensuring everything is settled according to your wishes.

Some of the key duties of an executor include:

• Locating and securing the original will and properly file it with the probate court

•  Gather and manage your assets until the assets are properly distributed

• Initiate probate with the proper court if necessary

• Submit necessary documents to the probate court

•  Pay all properly presented debts and taxes

• Distribute your estate to your beneficiaries

It’s a serious job, and one that requires responsibility, attention to detail, and trustworthiness.

A Fiduciary Duty

An executor is what is known as a “Fiduciary.”  A fiduciary is a person who manages property for others, for the benefit of those other persons.  An executor has a fiduciary duty to act in the best interests of the estate and its beneficiaries.  The executor/fiduciary is legally and ethically obligated to be honest, impartial, and diligent.  The executor must avoid all conflicts of interest, keep accurate records, and always follow the instructions laid out in the will.

Because of this fiduciary responsibility, it’s essential to choose someone completely trustworthy and someone you know will act with integrity.

What to Look for in an Executor

Choosing the right executor can help ensure a smooth and stress-free settlement process for your loved ones. When selecting your executor, here are a few important qualities to consider:

• Trustworthiness – Your executor has a fiduciary duty to act in the best interest of your estate and your beneficiaries.  Choose someone you can rely on.

• Organizational skills – The process involves completing paperwork, meeting deadlines, and competently managing the finances of the estate.  Being detail-oriented is key.

• Basic legal or financial knowledge – Your executor doesn’t need to be an expert, but some familiarity with financial or legal matters is helpful.

• Proximity and availability – Ideally, your executor should be available in the area local to your assets so that they can handle tasks as needed.

• Technical Knowledge (optional, but helpful) – Many assets today are stored digitally.  Much of the communication between the Court, Beneficiaries, and other professionals may be handled by email.  Your executor should also be able to access digital files and accounts if needed.

Also, make sure your executor knows where your important documents are located—including the will itself and a list of your assets (both physical and digital).

Who Appoints the Executor?

You do (hopefully!).  The executor is named in your will.  If you don’t have a will, or if the named executor is unable or unwilling to serve, a probate court will appoint someone to take on the role.  This is typically a close family member, but it could also be a trusted friend or even a professional such as an attorney or financial advisor.

Keep in mind: state laws can vary regarding who can serve as an executor, so it’s always a good idea to consult with an estate planning attorney if you have specific concerns or questions. 

Final Thoughts

Choosing an executor is a decision that should be made carefully and thoughtfully.  This executor will be responsible for making sure your final wishes are accomplished and will also be supporting your loved ones during a difficult time.  Make sure they’re up for the task and that they understand—and accept—the responsibility.

If you’re uncertain about who to choose or want to understand more about your state’s requirements, don’t hesitate to speak with an estate planning professional.

Need help with estate planning or drafting a will? Contact a qualified attorney to ensure your documents are valid and your executor is fully prepared to serve.