Choosing an Executor of a Will

Drafting and finalizing a will can be the most difficult thing to do for a person in their lifetime because they have to deal with the fact that one day their time on this planet will come to an end but it is also vitally important. Another difficult decision that needs to be made when creating the will is who will be the executor of the will. The testator, creator of the will, needs to pick a person they trust the most that will be named the executor of their will. The executor should not only be well trusted but also reliable and responsible in all that they do.

How to Choose an Executor

It is not easy to choose who will be the executor for your will but the following traits or characteristics of the executor should be present:

• The person appointed needs no special skills or training.
• You are legally allowed to appoint your spouse, your sibling, your child (of legal age), your cousin, your aunt/uncle, a niece/nephew or a trusted family friend
• The person appointed should be reliable
• The person appointed should know the executor well
• The person appointed should be responsible for their actions

The process of choosing an executor should not be taken lightly by the testator of a will. The testator should consult with his or her lawyer about the people they are considering for executor and make an informed decision. An executor should not be a person the testator hardly knows or is just considered an acquaintance of the testator.

Duties of an Executor

The duties of an executor include the following:

• Pay debts of the estate
• Pay taxes of the estate
• Pay funeral costs of the testator
• Pay other eligible expenses of the estate
• Distribute the gifts of the estate to the heirs of the testator
• File the appropriate forms with the Court to have the estate closed once all of the above is complete
• Any other duties as defined by the testator of the will

Process of Execution

The first step in the execution of a will is to locate the will, which might be kept in the office of the testator’s attorney if he or she so wishes. The next step is for the executor to begin making funeral arrangements, which are outlined by the testator in the will, but should also keep in mind the sensitivity of the family’s wishes as well. After the funeral and burial is complete, the executor should meet with the testator’s attorney to receive help in distributing the property of the will. Once all the property has been distributed, the executor must then file with the Court to have the estate closed.

Obtaining Legal Help

If you or a loved one has been named as the executor of a will, you should contact your attorney immediately for expert legal advice regarding your situation. An attorney will be able to answer any questions you have regarding your executor duties and what your responsibilities are upon the death of the testator.