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Key takeaways
- An executor’s duties require attention to detail and often involve settling debts, paying taxes and overseeing asset transfers.
- Your executor may need to handle certain tasks in person, such as accessing documents in your home, sorting through mail or preparing your house for sale.
- An estate attorney could serve as your executor or work alongside whomever you select for the role.
For many people, one of the toughest parts of estate planning is choosing an executor.
Do you select your son, even though organization isn’t his strong suit? Do you pick your whip-smart niece, who’s a skilled — but busy — attorney? Or do you choose the best friend you’ve trusted since fourth grade?
There is no hard-and-fast rule. Everyone’s situation is unique. But some guidelines can help you appoint the right executor and make the distribution of your assets less stressful for your heirs down the line.
Familiarize yourself with an executor’s duties
Think of your will as an instruction manual and your executor (known as a personal representative in some states) as “the person who picks up that instruction manual and is charged with executing those things,” says Brad Carnine, an attorney at Scarff Law Firm in Mercer Island, Washington, who specializes in estate planning, probate and trust administration.
Your executor will be tasked with a range of duties, such as distributing your estate, paying outstanding debts, reporting your death to Social Security if you were collecting benefits, and working with professionals like an accountant to help prepare your final tax return or a real estate agent to help sell your home.
“This is a highly administrative and detail-oriented job,” Carnine says. “You want to pick a person who has the skills and qualifications to handle something that requires a level of attention to detail that isn’t going to overwhelm them.”
Don’t default to common traditions or assumptions
While many people name a family member as their executor, a close relative might struggle with the complex legal and emotional decisions involved, especially while they’re grieving.
The ideal candidate is someone who is organized, meticulous and comfortable working with others. “That may be your firstborn. It may be your secondborn. It may be your third, fourth or fifth — or it may not be any of your kids,” Carnine says.
You want someone who can also navigate family dynamics, says Elliott Appel, founder of Kindness Financial Planning in Madison, Wisconsin. “You’re basically trusting the person with your entire estate to follow the instructions honorably,” he says.
Take geography and availability into account
Your executor may need to handle certain tasks in person, Appel says, such as accessing physical documents in your home, sorting through mail or preparing your house for sale. So consider selecting someone local.
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