What to Look for When Appointing an Executor

When creating your will, one of the most important decisions you'll make is choosing an executor—the person who will carry out the instructions in your will after your passing. This role comes with a lot of responsibility, and the person you select must be trustworthy, organized, and capable of handling the duties required. At Ball Morse Lowe, PLLC, we understand how important this decision is, and we’re here to help guide you through what to look for when appointing an executor.

What is an Executor?

An executor is the person named in your will to manage your estate after you pass away. Their role involves making sure your final wishes are carried out, such as distributing your assets to the beneficiaries, paying off any outstanding debts or taxes, and filing necessary legal documents. The executor acts as the legal representative of your estate and must follow the guidelines set forth in your will.

1. Trustworthiness

The most important trait an executor must have is trustworthiness. This is the person who will be responsible for handling your assets, settling your debts, and ensuring that your beneficiaries receive what you have left for them. Since they will be in charge of your financial matters and potentially sensitive family issues, it’s crucial that you choose someone who can be trusted to act in your best interests and make sound decisions.

Ask yourself: Do I trust this person to act with integrity and fairness? Are they people who will respect my wishes and the wishes of my family?

2. Organizational Skills

Managing an estate can be complex and requires a high level of organization. There will be a variety of tasks the executor must complete, such as inventorying your assets, filing tax returns, paying debts, and handling financial records. An executor should be able to keep everything well-organized and stay on top of deadlines and legal requirements.

Consider whether the person you’re thinking of appointing is good at keeping things organized. Are they detail-oriented and able to juggle multiple tasks? Do they have a system in place for keeping track of important documents?

3. Financial Responsibility

An executor must have some level of financial acumen. While they don't need to be a financial expert, they should have a basic understanding of handling financial matters. This includes understanding how to manage bank accounts, dealing with real estate, and knowing when and how to pay off debts and taxes. If your estate involves complex investments, businesses, or significant assets, you may want to consider appointing someone with experience in managing these types of financial matters.

If you're unsure if someone you’re considering has the necessary financial skills, don’t hesitate to consult with an estate attorney to make sure they’re up for the task.

Contact our experienced OKC probate attorneys at Ball Morse Lowe, PLLC, by calling us at 405.701.5355 for professional guidance and a free consultation. 

4. Ability to Handle Stress and Conflict

Dealing with an estate after someone passes away can be a stressful, emotional, and sometimes contentious process. There might be disagreements among family members, concerns about how assets are divided, or confusion about certain aspects of the will. It’s essential that your executor has the ability to manage stress and handle conflict effectively.

Think about whether the person you’re considering can remain calm under pressure, stay focused on their responsibilities, and resolve disputes diplomatically. Will they be able to keep the peace if conflicts arise among family members or beneficiaries?

5. Location and Accessibility

While it’s not required that your executor lives in the same area as you, it’s important that they are easily accessible and able to handle the logistical challenges of managing your estate. If your executor lives far away, it might be more difficult for them to attend to the necessary duties, such as meeting with attorneys or real estate agents, managing bank accounts, or handling other physical aspects of estate administration.

If your chosen executor lives far away, make sure they’re willing and able to travel, or you may need to appoint someone locally as an additional or backup executor to help with the day-to-day tasks.

6. Communication Skills

Your executor will need to communicate regularly with beneficiaries, attorneys, tax professionals, and possibly the court. Clear and transparent communication is key to ensuring that everyone understands the process, and that no one feels left out or confused. A good executor should be able to explain things in simple terms and keep everyone updated on the status of the estate.

Ask yourself: Is this person a good communicator? Are they capable of explaining things clearly and calmly, especially in potentially tense situations?

7. Willingness to Serve

It’s important that your executor is not only capable, but also willing to serve in the role. This is a big responsibility that can take months or even years to complete, depending on the complexity of your estate. Your chosen executor must be willing to take on this responsibility and should understand what the role entails.

Before naming someone as your executor, have a conversation with them to make sure they’re comfortable with the responsibilities and understand what’s expected. If they seem hesitant, or if they have other commitments that might make it difficult for them to fulfill the role, you may need to consider an alternative.

8. Backup Executor

It’s always a good idea to appoint a backup executor in case your primary choice is unable or unwilling to serve when the time comes. Life circumstances can change, and your original executor may not be available due to illness, relocation, or other reasons. Having a backup executor ensures that your estate will still be handled according to your wishes if your first choice cannot perform the duties.

Choosing an executor is a decision that should not be taken lightly. This person will play a critical role in carrying out your final wishes and ensuring your estate is managed properly. At Ball Morse Lowe, PLLC, we recommend that you take your time and carefully consider the qualities we’ve discussed when appointing an executor. Whether you choose a family member, a close friend, or a professional, make sure they are trustworthy, organized, financially responsible, and capable of handling the tasks at hand.

If you have any questions or need help with your estate planning, feel free to reach out to us by calling us at 405.701.5355!