Choosing an executor for your estate is one of the most important decisions you’ll make during the estate planning process. This individual will carry out your wishes, distribute your assets and settle any debts. According to TIAA, choosing someone capable and willing to take on this responsibility is essential. Beck, Lenox & Stolzer is happy to bring you information and advice on choosing the right Executor for your estate.
What an Executor Does and Why It Matters
An executor is the person you name in your will to manage your estate after you pass away. Their responsibilities include gathering your assets, keeping them safe and ensuring that they are distributed according to your wishes. They will also handle the probate process, which involves having the will legally recognized by a court.
In addition to these duties, the executor must notify banks and other creditors of your passing, pay any outstanding bills and oversee the overall settlement of your estate. This process can take several months, so choosing someone who is organized, committed and capable of seeing the process through to completion is essential.
Key Traits to Consider When Selecting an Executor
Choosing the right executor involves more than just selecting a close friend or family member. We will state right up front that the common practice of automatically choosing the eldest son or child is often a mistake. You must consider several important traits to ensure that your estate is managed effectively.
Time Commitment and Organizational Skills
Handling an estate requires a significant time investment, often involving paperwork, bill payments and communication with various institutions. It’s crucial to choose someone who has the time to manage these tasks and is also highly organized and capable of keeping track of important documents and deadlines.
Financial Responsibility and Conflict Resolution
Your executor will be responsible for managing the financial aspects of your estate, so they must be financially stable and responsible in their own life. Since disputes among heirs or creditors can arise, selecting someone who can remain calm under pressure and make fair decisions is important. Look for a level-headed individual who can mediate conflicts in a way that honors your wishes.
Legal and Financial Experience (and When It’s Necessary)
While it’s unnecessary for your executor to have a background in law or finance, having some experience in these areas can be a significant advantage. If your executor lacks this expertise, they can collaborate with an attorney or accountant to handle the more complex aspects of estate administration. You might consider appointing a corporate fiduciary when you don’t have a family member or friend who meets these criteria.
What to Do If a Suitable Candidate Isn’t Obvious
If you’re struggling to identify a suitable executor among your personal network, using a corporate fiduciary, such as a bank or trust company, could be a viable option. Corporate fiduciaries offer professional, unbiased management of your estate. However, they will charge fees for their services, typically based on the value of your estate. In contrast, a family member might serve without compensation, especially if they are also an estate beneficiary.
Choose the Right Executor with the Help of an Estate Planning Attorney
Choosing the right executor is crucial in ensuring that your estate is managed according to your wishes. If you’re unsure who to name or want to learn more about the responsibilities involved, the attorneys at Beck, Lenox & Stolzer are here to help. Schedule a consultation and create a plan that provides peace of mind for you and your loved ones.
Key Takeaways
- Ensure That Your Wishes Are Fulfilled: Choosing the right executor helps guarantee that your assets are distributed according to your wishes.
- Avoid Family Conflicts: A well-chosen executor can mediate disputes and ensure a fair and peaceful estate settlement process.
- Ease the Burden: Selecting an organized and capable executor can reduce stress for your loved ones during a challenging time.
- Leverage Professional Help: Consider a corporate fiduciary if a suitable personal choice isn’t available, ensuring unbiased and professional estate management.
Reference: TIAA “How to choose an executor for your estate”
