Foundations
Understanding the building blocks of a well-designed estate plan
Choosing the
Right Executor
Choosing the Right Executor
Choosing an executor is only one part of putting a thoughtful plan in place. Understanding
what makes up an estate plan can help you see how this role fits alongside the other parts of your plan.
An executor is the person responsible for helping carry out the instructions in your
will and managing certain responsibilities related to your estate after your death.
The role does not require someone who knows everything about law or finance. But it does require someone you trust to take responsibility, follow through, and seek help when needed.
What Does an Executor Do?
An executor helps guide an estate through the administrative process after someone dies.
Their responsibilities may include locating important documents, identifying assets, communicating with beneficiaries, working with attorneys or financial institutions, addressing debts and expenses, and helping ensure property is distributed according to the estate plan.
The exact responsibilities vary depending on the estate and applicable state law. A relatively simple estate may require much less administration than one involving numerous assets, complicated family circumstances, or other special considerations.
Your executor does not necessarily need to handle every task personally. Attorneys, accountants, and other professionals can provide assistance when appropriate.
What matters is choosing someone capable of taking responsibility for the process.
What Qualities Should You Look For?
It can be tempting to choose someone simply because they are your spouse, oldest child, sibling, or closest friend. Sometimes that person is an excellent choice, but the closest relationship is not automatically the best fit for the role.
Consider whether the person is:
Trustworthy — Someone you believe will act with integrity and respect your wishes.
Reliable — Someone who follows through when other people depend on them.
Organized — Someone comfortable keeping track of documents, deadlines, and responsibilities.
A good communicator — Someone capable of communicating clearly with family members and professionals.
Level-headed — Someone who can exercise sound judgment when circumstances become stressful or disagreements arise.
Your executor does not need specialized legal or financial knowledge. Professional guidance can help with those areas. It is often more important that the person recognizes when they need assistance and is willing to seek it.
The goal isn't to find a perfect person. It's to identify someone whose character and abilities make you comfortable entrusting them with the responsibility.
Should Your Executor Be a Family Member?
Many people choose a spouse, adult child, sibling, or another relative to serve as executor. Others may choose a trusted friend or, in some circumstances, consider a professional.
There is nothing inherently wrong with choosing a family member. The important question is whether you're choosing them because they're genuinely suited for the responsibility or simply because they seem like the obvious choice.
Think about the person's ability to stay organized, communicate with others, follow through on responsibilities, and navigate family dynamics.
This can become particularly important when there is already tension among family members or when an estate is more complicated.
There may also be legal requirements affecting who can serve as an executor, and those requirements vary by state. An estate-planning attorney can help you understand the rules that apply to your situation.
Talk With Your Executor Before Naming Them
Whenever possible, talk with the person you're considering before formally naming them.
Explain why you've chosen them and give them an opportunity to understand what the responsibility may involve.
They may have questions. They may need time to think about it. They may even tell you they're uncomfortable accepting the role.
That's useful information to have now rather than later.
The conversation also gives you an opportunity to discuss your priorities and make sure the person knows where important documents or information can be found.
Being chosen as someone's executor can be meaningful, but it also carries real responsibility. Their willingness to serve should not simply be assumed.
Review Your Executor Choice Over Time
Choosing an executor doesn't have to be a permanent decision.
As your life changes, periodically ask whether the person you've selected remains someone you trust and whether they're still willing and able to serve.
Life changes can also make it helpful to name an alternate executor. If your first choice becomes unable or unwilling to serve, an alternate provides another person you've already selected to step into the role.
Marriage, divorce, changes in family relationships, relocation, health concerns, or significant changes to your estate can all provide natural opportunities to revisit the choice.
Questions Worth Considering
If you're deciding who should serve as your executor, consider asking yourself:
- Do I trust this person to act with integrity and respect my wishes?
- Are they dependable when others rely on them?
- Are they reasonably organized and comfortable managing responsibilities?
- Can they communicate well during stressful situations?
- Could they navigate family disagreements thoughtfully?
- Have I actually asked whether they're willing to serve?
- Who would I trust as a backup?
You may already know the answers. Or these questions may reveal a conversation you still need to have.
Choosing an executor is ultimately about trust, selecting someone you believe will faithfully carry out the responsibilities you leave in their care.