What is an Executor & How to Choose One? (Expanded Definition)

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Choosing the right executor is a crucial step in estate planning, as this individual will manage your final wishes and ensure a smooth distribution of your assets. This guide will walk you through the responsibilities of an executor and provide tips for selecting the best person for this important role, including how to find an attorney near you for assistance.

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Learn about the essential role of an executor in estate planning and how to choose the right person for the job. This guide covers the responsibilities of an executor, the importance of selecting someone responsible, and what to do if you don't name an executor. For personalized assistance, find an attorney near you to help with your estate planning needs.

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What is Probate? A Simple Explanation (Expanded Definition)

What is an Executor & How to Choose One? (Expanded Definition)

Probate 101 – What Happens When Someone Dies? (Beginner’s Guide)

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What is an Executor and How to Choose One?

When you create a will, one of the most critical decisions you’ll make is choosing an executor. The executor is the person responsible for carrying out your final wishes, managing your estate, and ensuring assets are distributed correctly.

However, not everyone is suited for this role. A poor choice could lead to delays, legal disputes, and financial mismanagement.

This guide explains:

What an executor does

How to choose the right executor

What happens if you don’t name an executor

💡 For every post in this series, scroll down to “Related Posts.”

What is an Executor?

An executor (also called a personal representative) is the person appointed in a will to handle the legal and financial affairs of a deceased person’s estate.

The executor is responsible for:

Filing the will with probate court (if required)

Identifying and valuing assets

Paying off debts and taxes

Distributing assets to beneficiaries

Handling legal disputes or will contests

Key takeaway: Without an executor, the court appoints an administrator, who may not be someone you would have chosen.

What Does an Executor Do? (Step-by-Step Responsibilities)

An executor has several legal and financial duties, including:

1. File the Will and Start the Probate Process

Submits the will to the local probate court for approval.

If no will exists, the court appoints an administrator to handle the estate.

Tip: Some estates can avoid probate if assets are in a trust or have named beneficiaries.

2. Notify Beneficiaries and Creditors

Sends legal notices to heirs and beneficiaries.

Publishes a probate notice in a newspaper (if required).

Notifies banks, government agencies, and financial institutions of the death.

Tip: If there are disputes over the will, the executor must resolve them before distributing assets.

3. Identify, Secure, and Value Assets

Takes inventory of the deceased’s bank accounts, real estate, investments, and personal property.

Protects assets (e.g., maintains real estate, pays insurance premiums).

May need to hire an appraiser to determine asset value.

Tip: If records aren’t well-organized, this step can delay probate by months.

4. Pay Debts, Taxes, and Expenses

Uses estate funds to pay outstanding debts such as medical bills and loans.

Files the final income tax return for the deceased.

Pays estate taxes (if applicable) before distributing assets.

Tip: Executors should be careful not to distribute assets before debts are settled, or they may be personally liable.

5. Distribute Remaining Assets to Beneficiaries

Once all debts and taxes are paid, the executor distributes assets according to the will.

Transfers property ownership to heirs such as real estate and vehicles.

Ensures any ongoing trusts or inheritances are properly managed.

Tip: If heirs disagree about asset distribution, the process may take months or even years.

6. Close the Estate

Files a final accounting with the probate court.

Obtains court approval to officially close the estate.

Tip: If an executor mismanages the estate, they may be legally and financially liable to heirs.

Who Can Be an Executor? (Legal Requirements)

Each state has different rules, but generally, an executor must be:

Over 18 years old

Of sound mind (mentally competent)

A U.S. citizen or permanent resident

Some states have restrictions on executors:

Non-residents may be required to appoint a local agent.

Felons may be barred from serving as executors.

Tip: Check your state’s executor laws before naming someone in your will.

How to Choose the Right Executor

1. Pick Someone Who is Organized and Responsible

Being an executor requires managing legal, financial, and administrative tasks—it’s not just a ceremonial role.

They must handle deadlines, paperwork, and finances responsibly.

If managing large estates, they may need business or legal knowledge.

Best choices: Financially responsible family members, trusted friends, or professional fiduciaries.

2. Consider Age and Health

Choose someone young and healthy enough to handle the job when needed.

If your first choice is older, name a backup executor.

Tip: Some people update their executor every 10–15 years.

3. Avoid Executors Who May Cause Family Conflict

If choosing a family member, ensure they can act fairly and avoid favoritism.

If heirs don’t get along, a neutral third-party executor (such as an attorney) may be better.

Example: A parent with four children who don’t trust each other may choose a bank or estate attorney instead of a sibling.

4. Choose Someone Who Will Follow Your Wishes

Executors should respect your will and handle estate matters fairly.

If someone doesn’t get along with your heirs, they may create unnecessary delays or conflicts.

Example: If one child is an executor and they inherit the largest share, other siblings may challenge their decisions.

5. Consider a Professional Executor (If Necessary)

Corporate trustees (banks, estate planning firms) or attorneys can act as executors.

They charge a fee (typically 1 to 5 percent of the estate value) but provide impartial, professional management.

Best for: High-net-worth estates, complex businesses, or family disputes.

What Happens If You Don’t Name an Executor?

If you don’t name an executor, or if your chosen executor declines the role:

The probate court will appoint someone—often a family member or an independent administrator.

This can cause family disputes if multiple heirs want control.

A court-appointed executor may not follow your wishes as closely as someone you choose.

Tip: Naming an executor in your will prevents court delays and family conflicts.

Final Thoughts: Choosing the Right Executor is Critical

Your executor will be responsible for handling your estate, paying debts, and ensuring your heirs receive their inheritance. Choosing the right person makes the probate process faster, easier, and less stressful for your family.

Key Takeaways:

An executor is responsible for settling an estate after death.

They file probate, manage assets, pay debts, and distribute inheritance.

Choose someone who is responsible, financially literate, and impartial.

If heirs don’t get along, consider a neutral third-party executor.

Without an executor, the court will appoint one, which may delay inheritance distribution.

Need help selecting an executor? Find a trusted estate planning attorney through ReferU.AI and start planning today.

What is an Executor & How to Choose One? (Expanded Definition)