Losing a loved one often brings not just grief, but the weight of legal and financial responsibilities that can feel overwhelming. Navigating probate can be confusing, time-consuming, and emotionally draining, especially without clear guidance. At Legacy One Law Firm, we provide steady, thoughtful support to help families manage these challenges with greater clarity and less stress, so you can focus on what truly matters during a difficult time.
If you need guidance during this process, we invite you to schedule a consultation with our team.
An executor is the person named in a last will and testament (last will) to follow the directions for asset distribution and estate administration for a decedent (a deceased person). The executor needs to be knowledgeable about finances, organized and have the time and energy to serve.
Who should be chosen as the executor?
Adult children or spouses are usually named as executors. However, the executor can be anyone trustworthy and capable. In some cases, the best candidate may be a niece, nephew, a trusted friend, or a corporate fiduciary. The chosen executor may also change over time, as people move away, die, or relationships change. Naming a younger person is often the best choice, as they are more likely to be able to be an executor than an elderly parent or sibling.
What does the executor have to do?
Some of the tasks of the executor include:
The executor has a fiduciary obligation to follow the instructions in the last will, regardless of whether they agree with them. They may need to have thick skin, as heirs might disagree with the decedent’s distribution plan.
Does the executor get compensated for their work?
Some executors are paid, while others forgo any compensation so as not to decrease the value of the estate. Executor fees range widely and are determined by either the deceased’s last will or state law. The fee is typically a percentage of the estate value, and the estate pays the executor.
Should you ask someone to be an executor or let them find out when you die?
The potential executor should always be asked if they are willing to take on the role of executor. Even if a person says yes, they are under no legal obligation to follow through when the time comes. Ask if someone is willing to be an executor and then ask two more people in case the first one or two cannot serve.
How important is it to be an executor?
Being an executor demonstrates a high degree of trust. However, it also requires a serious commitment. Whether you are the person asking or being asked, serving as an executor requires serious consideration. If the estate is large or complex, a professional (individual or corporate fiduciary) may be more suitable than a family member.
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