How to Choose the Executor of Your Will
What are the responsibilities of an executor of a will? Were you aware they get paid for their services? If you answered “I’m not sure” to any of these questions, you’re not alone. The world of wills, last testaments, and estates covers a vast space. This article covers the will executor’s duties and responsibilities, gives you information on what to consider before choosing an executor to a will, and answers some common questions people have when choosing an executor for a will.
What does an executor for a will do?
An executor is the person or institution you name in your will to manage your estate after your death. Their primary role is to carry out the instructions you've laid out in your will. This includes collecting assets, paying off debts and taxes, and distributing property to your beneficiaries. The executor acts as a legal representative of your estate during the probate process and ensures everything is done in accordance with the law.
Do you need an executor for a will?
Yes, having an executor is essential if you want your will to be carried out efficiently and according to your wishes. Without an executor, there’s no one officially responsible for managing your estate or guiding it through probate. Naming an executor also reduces confusion and conflict among family members by clearly designating who’s in charge of what.
What happens if you don’t assign an executor?
If you don’t assign an executor in your will, or if the named person is unable or unwilling to serve, a probate court will appoint someone to handle the job. This person is usually a close relative or a public administrator. While the court's appointee may be capable, they might not be the person you would have chosen yourself—and they may not be familiar with your wishes or family dynamics. Not naming an executor can also delay the probate process.
What to consider before choosing an executor for your will
Choosing an executor for your will is one of the most important decisions you’ll make in the estate planning process. This person will be responsible for carrying out your wishes after you die, making sure your estate is distributed properly, and handling any legal or financial loose ends. Below, we walk through what an executor does, why you need one, and what to consider before naming someone in your will.
Trustworthiness and integrity
Your executor will have access to sensitive financial information, personal records, and physical assets. It’s essential to choose someone who is honest, ethical, and able to act in the best interest of your beneficiaries. If there’s even a small risk that someone might misuse their authority, it’s better to choose someone else.
Organizational and financial skills
The executor is responsible for tracking down your assets, paying off debts, filing taxes, keeping records, and navigating probate court. Someone who is detail-oriented, financially literate, and capable of handling paperwork and deadlines will be better equipped to manage these executor of estate responsibilities without getting overwhelmed.
Time and availability
Administering an estate can take months or even years, depending on its complexity. Your executor should have the time and energy to take on this role without undue hardship. Consider whether the person you’re thinking of is currently managing other significant obligations, like caregiving duties or a demanding job.
Geographic location
While not always a dealbreaker, it’s usually easier if your executor lives in the same state as you—or at least close by. Some states may require an out-of-state executor to post a bond or appoint a local agent. A nearby executor will also find it easier to manage in-person tasks like meeting with your attorney, attending court, or securing your home and possessions.
Age and health
Your executor should ideally be younger than you or in good health to ensure they’re still around and able to serve when needed. While you can name backup executors, it's best to choose someone with a good chance of being available long-term.
Family dynamics
If your estate or family situation is complicated—such as blended families, strained relationships, or uneven inheritance—you may want to consider someone impartial, like a trusted friend, professional fiduciary, or attorney. Naming one child over another can also cause friction, so be mindful of potential conflicts.
Willingness to serve
Before naming someone as your executor, it’s important to ask them if they’re willing to take on the role. Some people might feel honored, while others may be overwhelmed or uncomfortable with the responsibility. Make sure they understand what’s involved and that they’re up for the task.
Executor of estate fees and compensation
Executors are entitled to compensation for their work, which can vary depending on state law or what you specify in your will. An executor’s fee might be a flat fee, an hourly rate, or a percentage of the estate—often ranging from 1% to 5%. While close family members sometimes waive the fee, especially for smaller estates, large or complex estates can require significant time and effort. Clarifying expectations around compensation can help avoid misunderstandings or resentment later on.
So, as you can tell, the question of “What is an executor for a will responsible for?” can end up being a lot more than you might initially think. Choosing someone to be responsible for your final wishes and for executing your estate is a big decision and requires a lot of attention. Now that you know what many of the responsibilities are, you can feel more confident when choosing your executor.
To give you more insight, consider looking at Ever Loved’s checklist for an executor of a will. The responsibilities and tasks required by an executor are listed out in an organized and comprehensive manner.
