Who Should I Choose as the Executor of My Will?

When determining who to choose as the executor of a will, the person making the will, or testator, must first learn about the duties an executor must carry out, and choose someone who is up to the task. Ideally, a will’s executor is responsible, in good legal standing and capable of fulfilling their duties. An executor is often a relative but may also be an accountant or lawyer. It’s important to understand what the requirements and responsibilities are of an executor before naming someone to this important role.

Regardless of complexity, a will provides direction about what an individual wants to happen to their estate after death. The will’s executor must be able to fulfill this responsibility, so some states provide restrictions on who can be named executor of an estate. However, there are basic requirements for a will’s executor:

• The individual must be of legal age (minimally 18 years old)
• The individual must be physically and mentally competent to carry out executor functions
• The individual must be aware of and accept appointment of executor

Ultimately, the executor is responsible for managing all final affairs. This doesn’t mean an executor must carry out all tasks themselves. On the contrary; the best executors know how to seek out resources, such as lawyers or accountants, throughout the process.

Even for the most basic will, the appointed executor is responsible for:

• Applying for and obtaining certified copies of death certificates
• Informing interested parties, such as named heirs, of the will and their options to contest it
• Taking inventory of the estate and property distribution
• Notifying governmental and financial organizations of the estate owner’s death
• Managing estate funds to pay debts and ongoing bills until probate is complete
• Filing final income taxes
• Attending court as needed to settle the estate

Given the broad scope of responsibility, an executor needs to have a high level of emotional maturity and sound financial and legal judgment. They need to undertake many tasks during the process that require trustworthiness and dedication to carrying out their duties to the best of their ability.

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