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How to Choose the Best Person to Be the Executor of Your Estate

Did you know when you list a person as the executor of your estate, that person does not automatically get the job? The probate court must appoint that person as executor before they can handle your affairs. This shouldn’t stop you from nominating a person as your executor though. Most of the time, the person you nominate will be the person appointed, unless the court has a really good reason to appoint someone else. 

How to Choose the Best Person to Be the Executor of Your Estate

1.  Choose a Responsible Person

There are not any specific qualifications needed to be an executor of a will. However, the person you nominate should be a responsible person. They should be capable of addressing matters quickly, hiring the proper people if necessary, making difficult decisions, and communicating with other beneficiaries. 

Keep in mind your executor does not need to be a family member. You can easily name an attorney, accountant, or friend as your executor. 

2.  Choose a Person with a Good Financial Record

An executor often needs to be bondable. That means they cannot have any liens against them or have declared bankruptcy in the past. You should also never pick a person who has been convicted of a crime. 

3.  Consider Adding a Younger Person as a Backup

You may want your spouse to be the executor of your will. That is fine unless your spouse dies with you or even before you and you don’t change your will. Plus, since most people only have one will be drafted during their lifetime, having a younger person listed as a backup simply makes sense. 

There are many ways you can include a younger person in your will. We can go over them with you when we are writing yours and you can choose what is best for you. 

4.  Don’t Worry About Location

The person you want to be the executor of your will does not need to live in the same area you do. They can easily do most of the tasks remotely, although one trip to your home can be helpful. 

5.  Try to Prevent Drama

If you have two siblings, or other family members, who always create drama, especially if one is in charge, you should reconsider naming one of them as your executor. In this scenario, either lists them both or choose another person. The rest of your family will not want to deal with their drama when they have other things to sort out. 

6.  Choose a Person Who Will Not Get Emotional

Emotions run high when there is a death in the family. The executor of your will should be a person who will not let their emotions get in the way of handling your estate. The person you choose should also have a lot of patience. Getting through the probate process can be time-consuming and even a little tricky. 

Choosing the executor of your will shouldn’t be difficult, but you will want to make sure to nominate the best person for the job. Following the guidelines above should make your decision much easier. Of course, if you need assistance with your will, you can contact our office today. 

Filed Under: Estate Planning, Property

The above information is for informational purposes only and does not constitute legal advice.

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