How to Choose the Right Executor for Your Estate

Selecting an executor is one of the most important decisions you’ll make when creating an estate plan. Your executor will be responsible for managing your estate, ensuring your assets are distributed according to your wishes, and handling various legal and financial tasks. While it’s common to name a spouse, adult child, or sibling as the executor, other trusted individuals—such as a close friend or professional advisor—may also be suitable. Understanding the role and the qualities needed in an executor can help you make the best choice for your situation.

Qualities to Look for in an Executor

An executor should be:

• Trustworthy: The person handling your estate should be someone you trust to act in your best interests and follow your instructions.
• Financially Savvy: While your executor doesn’t need to be a financial expert, they should have a basic understanding of managing money and navigating financial matters.
• Organized and Responsible: Settling an estate involves managing deadlines, paperwork, and legal requirements. The executor should be capable of handling these tasks efficiently.
• Available and Willing: Serving as an executor can be time-consuming, so it’s essential to choose someone with the time and willingness to take on the responsibility.

It’s important to select someone who not only meets these criteria but also feels comfortable with the role and understands the scope of the responsibilities.

Duties of an Executor

An executor’s responsibilities include a range of legal, financial, and administrative tasks. These may include:

• Collecting Death Certificates: Obtain copies from the funeral home to notify government agencies and financial institutions.
• Submitting the Will to Probate: File the Last Will and Testament with the probate court for validation and approval.
• Notifying Authorities and Institutions: Inform the Social Security Administration, Department of Motor Vehicles, financial institutions, financial advisors, CPAs, employers, and health insurance companies.
• Managing Estate Finances: Open an estate account, apply for a tax ID number, and handle financial matters while the estate is being settled.
• Protecting and Managing Property: If the decedent owned a home, the executor must ensure it is secured and maintained.
• Handling Digital Assets: Manage online accounts and digital property according to the terms of the will.
• Contacting Beneficiaries and Trustees: Keep beneficiaries informed and work with trustees if the estate includes a trust.
• Paying Taxes and Debts: Handle estate taxes, personal taxes, and any outstanding debts.
• Distributing Assets: Oversee the proper distribution of assets to heirs according to the terms of the will.

An executor who fulfills these duties accurately and responsibly helps ensure that the estate is settled smoothly and according to the decedent’s wishes.

Challenges of Serving as an Executor

While many executors carry out their duties effectively, challenges can arise. If an executor fails to act in the best interest of the estate or disregards the decedent’s instructions, the court has the authority to remove them and appoint a replacement. Additionally, conflicts among beneficiaries can complicate the process, making it essential to choose an executor who can handle family dynamics and legal complexities.

What Happens If You Don’t Name an Executor

If you pass away without a valid will, the court will appoint someone to manage your estate according to state law. This means the distribution of your assets may not align with your wishes. Naming a trusted executor as part of a comprehensive estate plan ensures that your intentions are followed and your estate is handled according to your preferences.

Key Considerations

• Trust and Competence: The executor should be someone you trust to manage your estate and handle financial matters responsibly.
• Availability: Serving as an executor can take time, so choose someone willing and able to take on the responsibility.
• Family Dynamics: Consider how your choice may affect relationships among beneficiaries and whether a neutral party might be a better option.
• Professional Support: In complex estates, it may be beneficial to appoint a professional executor or work with an attorney to guide the process.

Selecting the Right Executor for Your Estate Plan

Choosing the right executor is one of the most important decisions you can make when creating an estate plan. At The Werner Law Firm, we guide you through the process of selecting a trustworthy and capable executor to ensure your wishes are honored and your estate is settled smoothly. Whether you need to draft a new will or update your existing estate plan, our experienced estate planning attorneys are here to help.

If you have any questions, schedule a free appointment with us through our online appointment page.

You can also read reviews from some of the hundreds of clients we have helped over the years.

Reference: Cleveland Jewish News (Feb. 3, 2025) “The right executor is key to honoring your wishes”