What is an executor of a will?

The executor of a will is the person you name to carry out your wishes after you pass. When you die with a legally-valid will, a judge will approve the executor you’ve named in it to act on it. This could include paying outstanding debts with the money left from your estate, distributing your money and property to your heirs, and more.

It’s important to choose a reliable, organized person you trust to be your executor. They’ll have an important role in making sure everything goes smoothly with your estate after your death.

What does a will executor have to do?

Your will executor’s responsibilities can vary depending on the complexity of your estate, and what your wishes are. Whatever you lay out in your will, they’re responsible for overseeing and making sure it happens. And even before your will is given to the court, they’ll have some work to do. For example, they might have to:

• Obtain certified copies of your death certificate
• Locate your last will and testament and file it in probate court
• Inform your heirs and relatives of the open contest period — the timeframe when they can challenge the validity of your will
• Take inventory of your estate and distribute your belongings to your heirs
• Notify banks, government agencies, insurance companies, and creditors of your passing
• Use estate funds to settle any outstanding debts if you have them
• Maintain your property until the estate is settled
• File your final income taxes
• Make court appearances on behalf of your estate

Because your executor may have many responsibilities, you’ll need to make sure they understand and are prepared for the job.

How to choose an executor for your will

The person you name to be the executor of your will should be trustworthy and reliable. Here are some key factors you might want to consider when deciding who to choose:

• Willingness: Being an executor is a significant responsibility, and not everyone is willing to take it on. Discuss the idea and potential duties with your executor before naming them in your will.
• Where they live: It’s a good idea to nominate someone who lives close to you. This makes it easier for them to manage your estate, appear in court, and distribute your property to your heirs.
• Family dynamics: Consider choosing someone that you and your family trust to carry out your wishes with minimal bias, outside influence, or family pressure.
• Their age: Your executor should be someone likely to be alive when you pass away.
• Their attention to detail and organizational skills: An executor has a number of complex duties, so you may want to choose someone who is naturally good at keeping things in order.

Who can be an executor of a will?

You don’t need any special training or knowledge to be named an executor of a will. But in most states, an executor has to be at least 18 years old and live in the state where the will is submitted to probate court. Then, the probate court has to approve your executor before they can begin their duties.

Above all else, the executor of your will should be someone you trust to carry out your final wishes. Many people choose one of their beneficiaries, or heirs — like a spouse, child, or close family member — to be their executor. Other people choose to have a trusted attorney or accountant fulfill the role.

Should my spouse be the executor of my will?

It depends. If you and your spouse have similar expectations about your estate, then they may be a smart choice. However, when you pass, your spouse might not want to immediately think about the work required to carry out your will. They’ll undoubtedly be grieving, and this can put extra stress on them during an already difficult time. Before naming your spouse as your will executor, you should have an honest conversation with each other to make sure you’re both on the same page.

How do I name an executor for my will?

It’s as simple as indicating their name in your last will and testament. Most people also name alternate executors, in case their first choice is unable or unwilling to serve.

How should I prepare my executor?

• Talk to your potential executors now: It’s important to let them know their role, so they can agree and be prepared when the time comes. If you use FreeWill to write your will, you can notify your executors directly through the platform.
• Tell your executor where you plan to keep your last will and testament: This is especially important because they’ll need your will to start the probate process and follow your wishes.
• Tell your executor where any important property is located: This can include family heirlooms, vehicles, intellectual property, and more. It will be easier for them to distribute this property to your heirs if they don’t have to search for it.

Can I leave gifts to my executor?

Generally, yes! There are usually no restrictions on giving gifts to your executor. It’s a thoughtful gesture to compensate executors for their time and effort as the job requires a bit of work. They can be written into your will like any other beneficiary, or heir.

Can my executor be a witness to my will?

It depends. In most states, you have to have two people witness and sign your will to be legally valid. And these people cannot be named as a beneficiary for the courts to recognize your will as valid. So if you want to leave your executor a gift, then you can’t ask them to be a witness.

Exact witnessing requirements can vary by state. If you have any questions about executors or witnesses, you may want to speak with an estate attorney in your area.

What happens if I don’t have an executor?

If you don’t nominate an executor or if your nominees can’t serve, a judge will name one for you. Usually, the court will hear from any willing volunteers and choose one of them. This could be a family member or a beneficiary. If no one is deemed appropriate to serve, a creditor may be chosen instead.

What is the difference between being an executor and having power of attorney?

An executor manages your estate when it’s in probate (aka the process of being distributed and carried out). Specifically, they begin and follow through on the probate process. They also manage your assets, pay your debts, and distribute property to your heirs as outlined in your will.

Power of attorney is a general term that describes the legal authority to act on your behalf. This person is usually known as your “agent” or “attorney-in-fact.” Powers of attorney can be broad or narrow, and can cover healthcare, general finances, and other matters.

The two main differences between these terms are the responsibilities of the role and when it takes effect. Powers of attorney are granted during your lifetime and generally don’t play any role after your passing. For example, they come into effect if you’re unable to make decisions on your own (usually due to a decline in health). Your executor, on the other hand, only starts their work after you’ve passed away, and their only role is to manage and distribute your estate.

The bottom line

Naming a trusted executor to carry out your will is an important part of estate planning. Experts recommend updating your will every few years to make sure it still reflects your chosen executor. If you need to create or update your will, you can do it online for free at FreeWill.