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How Do I Choose an Executor of My Estate?

October 16, 2024
Contact the West Chester Estate Lawyers at Eckell Sparks for Help with Your Estate Planning

An estate plan is a must to both express your final wishes and help your family during a difficult time. An executor is the key to executing your estate plan. You must choose wisely because they will play a critical role. You should not make this choice without a considerable amount of thought ahead of time. An experienced estate planning attorney can help you discuss your options.

What Does an Executor Do?

To understand why the choice of an executor is so important, you must know the role that they perform in the probate process. Specifically, an executor of an estate does the following:

  • Carrying out the final wishes of the deceased
  • Protecting the estate while the probate process is underway
  • Dealing with various family members, listening to their concerns
  • Processing claims filed by creditors and pay them
  • Filing paperwork with the court as part of the probate process
  • Selling the assets of the estate
  • Managing the assets of the estate while the probate process is occurring
  • Distributing assets to the family members once there is approval from the court

You would name an executor of the estate in the will. Once the will is authenticated in the court, the executor will be formally named to their position, and they will begin work on their part of the probate process. The executor performs the most crucial role in the probate process. If they are not up to the job, your family would have a much more difficult time, and probate would be lengthened considerably.

The Executor Must Be Responsible

Most of all, you want your executor to be someone who is responsible. An executor needs to oversee the probate process and make filings with the court based on certain deadlines. There is quite a bit of paperwork involved in the probate process that an executor would need to complete. If the executor does not stay on top of deadlines or if they are careless with the paperwork, the case could be delayed further.

The Executor Must Have Financial Knowledge

Remember that an executor is called upon to perform critical tasks related to assets. They need a certain amount of financial savvy because they may be called upon to deal with creditors and sell certain properties. It could take a considerable amount of time before an estate can go through probate, so the executor would need to perform financial tasks for a lengthy period. They may need to make a choice about whether and when to sell certain assets.

The Executor Should Be Respected by the Family

The executor should also be one who is in a position to command respect from family members. Each beneficiary may have their interests and challenge the executor at various points. The executor should be someone who is trusted in the family unit as a whole because people may question their actions. The executor should be able to speak authoritatively and explain their actions when they are called upon to do so.

Executors are still subject to fiduciary duties, and they must exercise both care and loyalty. They must not act negligently in dealing with the estate’s assets, and they cannot engage in transactions with themselves.

Of course, you can lessen the burden on the executor by hiring an experienced probate attorney to assist with the process. An attorney would prepare the filings and help the executor deal with issues as they arise. The presence of a lawyer could minimize the chances that the probate process could become contentious among the family.

Contact the West Chester Estate Lawyers at Eckell Sparks for Help with Your Estate Planning

The West Chester estate lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. can both help your family with a comprehensive plan and assist executors in their complex duties. You can take the first step towards giving your family peace of mind by calling us today at 610-565-3701 or completing our online form to schedule an appointment. Our offices are in Media and West Chester, Pennsylvania, and we serve clients in Delaware County, Chester County, and Montgomery County.