How to Choose an Executor for Your Will
July 3, 2025
Estate planning involves many important decisions, but one of the most vital is selecting the right person to serve as the executor of your will. The executor you choose will play a central role in managing your final wishes, distributing assets, and closing out your estate, so it's essential to make this choice carefully.
At our firm, the Law Offices Of Julie A Schejbal, CHTD in Dunkirk, Maryland, Attorney Julie A. Schejbal helps clients throughout their estate planning process, guiding them as they decide who should be entrusted with handling their affairs after death.
What Does an Executor Do?
Before choosing an executor, it’s helpful to understand what the position entails. An executor is responsible for carrying out the instructions in your will and overseeing the legal and financial aspects of settling your estate.
Key duties of an executor include:
Managing estate assets: Collecting, protecting, and managing your property until it’s distributed.
Paying debts and taxes: Settling any outstanding debts and filing necessary tax returns.
Distributing assets: Allocating assets to your beneficiaries as instructed in your will.
Handling court proceedings: Filing your will with the probate court and completing required legal filings.
Communicating with beneficiaries: Keeping heirs informed of the estate’s progress and any developments.
This role often requires organizational skills, honesty, and the ability to handle legal and financial matters with care.
Who Can Serve as an Executor?
You’re generally free to name almost any adult as your executor, though some rules may vary by state. The person doesn’t need to have a legal background or financial training, but should be someone you trust to act in good faith and follow your wishes.
Potential choices for an executor may include:
A trusted family member: Many people name a spouse, adult child, or sibling.
A close friend: Someone who knows you well and understands your intentions.
A lawyer or accountant: A professional familiar with estate planning who can manage the legal and financial aspects.
A corporate executor: Some banks and financial institutions offer this service, though they charge fees.
The most important factor is whether the individual is willing and able to take on the responsibility.
Traits To Look for in an Executor
Choosing someone based on personal connection alone may not always be the best approach. Consider selecting a person with the qualities necessary to carry out the role responsibly.
Look for someone who demonstrates:
Responsibility and organization: They must keep detailed records and handle deadlines.
Impartiality: They should be able to treat all beneficiaries fairly.
Financial understanding: While they don’t need to be an accountant, they should be comfortable managing money.
Communication skills: Keeping everyone informed helps reduce tension and confusion.
Emotional stability: The period following a death can be charged with emotion. Choose someone who can stay calm and focused.
Avoid naming someone who may have conflicts of interest, trouble working with others, or difficulty handling stress.
Should You Choose More Than One Executor?
Some people consider naming co-executors—two or more individuals who share the role. This can provide a system of checks and balances and make the burden lighter for each person.
However, this approach has potential drawbacks:
Disagreements between co-executors: Differences in opinion may cause delays or complications.
More paperwork: All co-executors may need to sign legal documents, which can slow things down.
Geographic challenges: If they live far apart, managing logistics can be harder.
If you name more than one executor, select individuals who can work well together and have compatible strengths.
Naming a Backup Executor
It’s smart to plan for the unexpected by naming an alternate or successor executor in case your primary choice is unable or unwilling to serve. Life circumstances change, and your selected executor may face health issues, time constraints, or other challenges.
Your will should clearly state who the alternate is and the order in which they’re to serve. This helps avoid confusion and court involvement if your first choice is unavailable.
Legal Requirements and Restrictions
Some jurisdictions place limits on who can serve as an executor. Common restrictions include:
Age: The executor must be at least 18 years old in most places.
Felony convictions: Many states don’t allow individuals with felony convictions to serve.
Residency: Some states restrict non-residents from serving unless they’re related to the deceased.
Check with a lawyer familiar with estate planning laws in your state to confirm eligibility and requirements before making your selection.
How a Lawyer Supports the Executor
Even if your chosen executor is capable and trustworthy, they don’t need to handle every task alone. Many executors choose to work with a lawyer to help manage the legal aspects of estate administration.
A lawyer can assist with:
Filing documents with the probate court
Notifying creditors and beneficiaries
Managing timelines and legal deadlines
Addressing disputes or questions from heirs
This support can make the process more efficient and reduce the risk of errors.
When to Revisit Your Choice of Executor
Your estate planning documents should be reviewed and updated periodically, especially after major life changes.
Reasons to reconsider your executor selection include:
Divorce or changes in family relationships: You may no longer want a former spouse or estranged relative to act as your executor.
Death or incapacity: If your named executor passes away or becomes ill, they may not be able to serve.
Geographic relocation: An executor who has moved out of state might face difficulties or restrictions.
Changes in financial or legal status: Someone experiencing financial hardship or legal trouble may not be an appropriate choice.
An estate planning lawyer can help you revise your will to reflect updated decisions.
Mistakes To Avoid When Choosing an Executor
Some common mistakes can cause complications for your estate. Be thoughtful and thorough when selecting your executor.
Avoid these common pitfalls:
Choosing someone out of obligation: Don’t name someone solely because they expect it or are the oldest sibling.
Ignoring their availability: Make sure the person has time and willingness to serve.
Failing to communicate your choice: Let the person know you’ve chosen them and confirm they accept.
Not having a backup plan: Always name at least one alternate in case circumstances change.
A well-informed decision today can reduce stress and disputes for your loved ones later.
How Estate Planning Influences Executor Selection
The broader scope of estate planning will inform many decisions, including who should serve as your executor. Having a comprehensive estate plan means your will, trusts, powers of attorney, and healthcare directives all work together. This coordination reduces confusion and gives your executor clear direction.
A complete estate plan supports your executor by:
Clarifying asset distribution: Reduces questions or disputes among heirs
Providing legal authority: Gives the executor the proper documentation to act
Outlining your wishes: Makes it easier to carry out your goals without second-guessing
Working with a lawyer to align your executor choice with your estate planning goals can streamline administration and prevent avoidable issues.
Steps To Take After Naming Your Executor
Once you’ve decided who will serve as your executor, there are a few steps to take to make the choice official and practical.
Here’s what to do next:
Update your will: Include your executor and any alternates clearly in your estate planning documents.
Inform your executor: Let them know about their role and explain your expectations.
Share information: Provide access to essential documents, financial account details, and contact information.
Store your will securely: Keep your estate planning documents in a safe but accessible location.
Review regularly: Revisit your documents every few years or after major life events.
These steps help your executor feel prepared and allow them to carry out their duties effectively.
Contact Us Today
Selecting an executor is one of the most important parts of your estate planning process. At the Law Offices Of Julie A Schejbal, CHTD, we can help you create a plan that gives you confidence your affairs will be handled appropriately. We serve clients in Dunkirk, Maryland, and throughout Calvert County, Prince George’s County, Charles County, and St. Mary's County. Call us today.