How to Choose an Executor for Your Estate: What Missouri Families Should Consider

Who should be your executor? Choosing the right person to administer your estate is one of the most important decisions you will make when creating or updating your estate plan. While many people automatically assume they should name their oldest child, there is no requirement that your eldest child—or any particular family member—serve as executor.

For Missouri residents, the person named in a will to administer the estate is generally referred to as the personal representative. Missouri law recognizes the personal representative designated in a will, subject to the person’s qualifications and the probate court’s approval.

The better question is not, “Who is the oldest?” It is, “Who is best equipped to handle the responsibilities of administering my estate?”

What Does an Executor or Personal Representative Do?

Your personal representative is responsible for handling the administration of your estate after your death. Depending on the circumstances, this may include identifying and gathering assets, addressing debts and expenses, handling property, communicating with beneficiaries and other interested parties, and distributing assets according to your estate plan.

Missouri law gives an independent personal representative a broad range of powers, including the ability to retain or sell property, pay expenses and taxes, settle claims, and hire professionals such as attorneys, accountants, investment advisers, or other agents to assist with estate administration.

This means the person you choose needs more than a close relationship with you. Your executor should be someone you trust to make responsible decisions, communicate effectively and follow your instructions.

Your Executor and Trustee Can Be Different People

When choosing the people who will carry out your estate plan, it is important to understand the difference between an executor/personal representative and a trustee.

Your personal representative administers assets that are part of your probate estate. A trustee, on the other hand, manages property held in a trust according to the terms of the trust agreement.

The same person can serve in both roles, but that is not always the best choice. The appropriate decision depends on your family circumstances, the complexity of your assets, the terms of your estate plan and the people you have available to serve.

For example, a trustee may need to manage trust assets for years after your death, while a personal representative may be responsible for settling the probate estate. Each role carries significant responsibilities, so both positions should be considered carefully when creating an estate plan.

What Should You Look for When Choosing an Executor?

1. Choose Someone You Trust

Trust should be the foundation of your decision. Your executor may have access to sensitive financial information and will have significant responsibilities involving your property and your beneficiaries.

You should have confidence that this person will follow your wishes rather than use their position for personal advantage.

This becomes particularly important when the person you name is also a beneficiary of your estate. A beneficiary serving as personal representative must understand the importance of putting the interests of the estate ahead of personal interests.

A person’s past behavior can provide valuable insight. Consider whether they have demonstrated honesty, good judgment and the ability to handle financial and personal responsibilities.

2. Consider Organization and Follow-Through

Estate administration involves paperwork, deadlines, communications and numerous details. Your executor should be organized, responsible and willing to follow through rather than procrastinate.

Someone who is frequently overwhelmed by paperwork or has difficulty meeting deadlines may not be the best choice, even if that person is a close family member.

Your executor does not have to know how to handle every legal or financial issue personally. Missouri law allows an independent personal representative to hire professionals to assist with estate administration.

However, the person you choose should be capable of taking responsibility for the process and making sure that necessary tasks are completed.

3. Think About Family Relationships

Your executor may have to communicate with children, stepchildren, other relatives, friends, charities or other beneficiaries.

Consider how the person you are thinking about will handle those relationships.

For example, if two of your children have had a difficult relationship for years, naming one child as executor may create additional tension. The person administering your estate should be able to remain fair, calm and objective—even when family members disagree.

Sometimes, choosing the person who is most emotionally removed from family conflicts can be a better decision than choosing the family member who seems like the obvious choice.

4. Don’t Choose Someone Simply Because They Are Your Oldest Child

There is no good reason to select an executor solely because someone is the oldest child.

Your oldest child may be an excellent choice—but so might a younger child, another relative, a trusted friend or, depending on the circumstances, a professional or corporate fiduciary.

The decision should be based on the individual’s character, judgment, organizational ability, availability and ability to work with the other people involved in your estate.

Family tradition should not outweigh good judgment.

5. Consider Whether the Person Can Handle Difficult Decisions

Estate administration sometimes requires decisions that are not specifically spelled out in a will.

For example, if your home needs to be sold, your personal representative may need to coordinate with professionals, evaluate offers and make decisions about the sale. Missouri law gives an independent personal representative authority to sell, mortgage or lease estate property in appropriate circumstances.

Your executor should be comfortable making decisions while keeping your wishes and the interests of the estate in mind.

Does Your Executor Need to Live in Missouri?

Not necessarily. Missouri law provides that a qualified nonresident individual or corporate fiduciary may serve as a personal representative.

However, distance can still be a practical consideration. Someone who lives several states away may have more difficulty dealing with property, paperwork, family members or professionals in Missouri.

The most important consideration is whether the person is capable and willing to handle the responsibilities—not simply where they live.

Should You Name a Professional Executor?

In some situations, a professional may be a better choice than a family member.

This can be particularly important when an estate is financially complicated, family relationships are strained, beneficiaries disagree or there is a significant amount of property to administer.

Naming a professional or corporate fiduciary can provide a level of neutrality that may help prevent family disputes. It may also be appropriate when there is no family member or friend who is both willing and capable of handling the responsibility.

Choosing a professional does not mean you do not trust your family. Sometimes, it is simply the best way to separate family relationships from the business of administering an estate.

Consider Naming an Alternate Executor

It is also important to think about what happens if your first choice cannot serve.

Your circumstances may change between the time you sign your estate plan and the time it is needed. The person you originally selected could become ill, move away, become unable to serve or simply decide that they do not want the responsibility.

For that reason, your estate plan should address who will serve if your first-choice personal representative cannot or will not act.

Talk to Your Estate Planning Attorney About Your Choice

Choosing an executor is not simply a matter of picking the oldest child or the family member who lives closest to you. It requires thoughtful consideration of your assets, family relationships and the responsibilities involved in administering your estate.

An experienced estate planning attorney in Missouri can help you evaluate your options and make sure your choice works with the rest of your estate plan.

The right person should be trustworthy, organized, responsible and capable of making difficult decisions while honoring your wishes. If no family member or friend fits that description, a professional option may be worth considering.

Get Help Choosing the Right Person to Administer Your Estate

Selecting your executor is an important part of creating an effective estate plan. The right choice can help ensure that your wishes are carried out efficiently and can reduce the potential for confusion and conflict among your loved ones.

**Contact Beck, Lenox & Stolzer Estate Planning & Elder Law, LLC for all of your estate planning needs by booking a call: **https://beckelderlaw.com/book-a-call/

Reference: Coeur d’Alene/Post Falls Press (Aug. 6, 2023) “Eldest child, best friend, C.P.A.—Who should you put in charge of your estate?”