Choosing an Executor for a Will: And the Executor Is...
U.S. Supreme Court Justice Warren Burger is remembered for more than his time on the bench. When he died in 1995, he left behind a 176-word will that gave no specific power to his executors — reportedly costing his estate tens of thousands of dollars in attorney’s fees.
Justice Burger’s case shows that even legally savvy individuals can make mistakes when writing their own estate documents. But giving an executor the proper legal authority is only part of the puzzle. How do you go about choosing an executor? Can anyone serve in this role? What makes someone a good choice?
Who Can Be an Executor of a Will?
Many people choose a spouse, sibling, child, or close friend as their executor. In most cases, the role is fairly straightforward.
That said, it’s worth giving special consideration to someone who is:
- Well organized and capable of handling financial matters
- Respected by your heirs
- A strong, clear communicator
These qualities can help the entire process run more smoothly for everyone involved.
Who Should Be the Executor of a Will?
Above all, an executor should be someone trustworthy. This person will carry the legal responsibility to:
- Manage your money
- Pay your debts, including taxes
- Distribute your assets to your beneficiaries according to your will
When to Consider a Professional Executor
If your estate is large, or you anticipate significant court involvement, you might consider naming a bank, attorney, or financial professional as your executor. These professionals typically charge a fee, which is paid out of the estate.
In some families, naming one child or sibling as executor over another can be perceived as favoritism. In these situations, naming an outside party can be a practical alternative.
Why Location Matters When Choosing an Executor
Whenever possible, choose an executor who lives near you. Proximity can simplify:
- Court appearances
- Property issues
- Even basic tasks like checking mail
Some states also place additional restrictions on executors who live out of state, so it’s worth checking the laws in your area — including Florida, which has specific residency requirements for personal representatives.
How to Prepare Your Chosen Executor
Whomever you choose, talk with that person directly about your decision. Make sure they:
- Understand and accept the responsibility
- Know where you keep important records
Because your chosen executor may pass away before you or have a change of heart, it’s always a good idea to name one or two alternate executors as backup.
Why Choosing the Right Executor Matters
The period following the death of a loved one is stressful and often confusing for family members. Choosing the right executor can help ensure your assets are distributed efficiently and with as little upheaval as possible.
For individuals in Fort Myers and across Southwest Florida working through estate planning decisions, a financial planning professional can help you think through who’s best positioned to serve as your executor.
What Happens Without a Will?
Even famous, high-profile individuals have died without a will in place, including:
- Jimi Hendrix
- Bob Marley
- Sonny Bono
- Pablo Picasso
- Michael Jackson
- Howard Hughes
- Abraham Lincoln
Source: LegalZoom.com
Frequently Asked Questions
How do I choose an executor for my will?
Choose someone trustworthy, organized, and capable of managing financial matters — often a spouse, sibling, adult child, or close friend. For larger or more complex estates, consider naming a bank, attorney, or financial professional instead.
Who can be an executor of a will?
In most cases, any trusted adult you choose can serve as executor, though some states restrict who can serve if that person lives out of state. It’s worth checking your state’s specific requirements.
Should I choose a family member or a professional as my executor?
It depends on your estate’s size and complexity. Family members often serve well for straightforward estates, while a bank, attorney, or financial professional may be a better fit for larger estates or when you want to avoid the appearance of favoritism among family members.
Why does it matter if my executor lives nearby?
An executor who lives near you can more easily handle court appearances, property matters, and day-to-day tasks like managing mail — all of which can simplify estate administration.
Should I name a backup executor?
Yes. Since your chosen executor could pass away before you or decide they’re no longer able to serve, it’s wise to name one or two alternate executors in your will.
What happens if I die without a will?
Without a will, state law determines how your assets are distributed, which may not reflect your actual wishes. This has happened even to well-known public figures, underscoring the importance of proper estate planning regardless of the size of your estate.
The content is developed from sources believed to be providing accurate information. The information in this material is not intended as tax or legal advice and may not be used for the purpose of avoiding any federal tax penalties. Please consult a legal or tax professional for specific information regarding your individual situation. The opinions expressed and material provided are for general information only and should not be considered a solicitation for the purchase or sale of any security.
