- Every person's estate is different; some are simple and others are complex. If the estate is complicated and involves a business, make sure you appoint an executor who has business and legal experience to administer the estate.
Factors to Consider
- There are several factors to consider when choosing a capable executor of your will. There should be no conflict of interest when an individual has been selected as an executor. Generally, if the executor is a beneficiary, the will could be contested by other heirs who might claim that the executor has not properly distributed the money and has kept assets to himself. Do not choose an executor who is a minor, a convicted felon or someone who is not a legal resident of the United States.
- Choosing a spouse as a sole executor would not be wise for various reasons. There is a possibility that both the husband and wife could potentially be involved in a fatal accident or that the spouse could become ill and unable to handle the estate. The spouse might not have the experience or expertise to handle such a role. However, you can appoint coexecutors, with one spouse handling matters related to heirs within the family, and another coexecutor could be an attorney who handles the legal and business matters.
- Probate can sometimes take up to three years. Being an executor is a job that requires a committed and responsible person who has the ability to multitask and feels comfortable taking on this role. It is critical that you appoint a successor executor in case something happens to your executor or she is no longer able to fulfill this obligation. If there is no executor available, the court will appoint someone to administer your estate.
The Executor Agrees to the Role
- Although the decision to select a capable executor for your will can be a difficult one, once you have made the right choice, you must discuss this role with the person or persons you have selected to ensure that they will accept such a responsibility.