Here are some major guidelines on choosing the best candidate for the executor of your will. For any case-specific details, don’t hesitate to contact our estate planning attorney San Diego office for a free 30-minute consultation to get answers for all your questions. We have already written about choosing your healthcare agent in another post. Even though this is a similar fiduciary position (meaning the person is legally obliged to act in your interest), there are task-specific differences.

Who to choose as your executor?

Usual choices for executors are: spouses, children, other family members and trusted friends. However, you can also choose a third party executor like a bank, a trust company or an attorney. If you have a living trust, it’s most practical to name the trustee the executor. The conditions are:

1. The person must be 18 or older.
2. The person must be a U.S. citizen.
3. The person must be of sound mind.
4. The person cannot be a convicted felon.

Your executor doesn’t necessarily have to be someone who lives in California, but it would probably be most practical to appoint someone who lives close. Bear in mind that the executor may need to deal with day-to-day matters for weeks, months or even longer.

Executors are entitled to fees. However, there are some executors (usually people close to the decedent), who will waive their fees. Whether you will go for a paid or unpaid executor (link to the other blog) is up to you, with each option entailing pros and cons.

What are executor’s responsibilities?

You should get acquainted with the responsibilities of the executor before you make your choice. Even though it’s extremely rare, a California probate court has the power to reject a potential executor or terminate an existing appointment if they find that there are grounds for removal. These grounds usually involve the individual’s incapacity to fulfill the responsibilities.

The executor will be expected to:

• Guide the will through probate until it’s legally validated
• Defend the will against contests
• Make an inventory of the estate and collect the assets of the decedent
• Transfer legacies and gifts to beneficiaries
• Evaluate and pay claims against the estate, most notably bills and taxes (including medical bills
• Probably sell estate assets to raise money necessary to pay the claims mentioned above
• Handle tasks such as terminating credit cards, and notifying banks and government agencies of the death
• Prepare and file a budget and accounting for the court

What are desirable qualities in an executor?

It would probably be good to treat the appointment as employment, not as a way of rewarding or punishing someone. Actually, an executor can refuse the position, in which case, the job will go to the next person listed as executor or the court will appoint one if the testator didn’t list any successors.

The executor doesn’t have to be a legal expert, because they will generally work with an estate planning attorney San Diego. The attorney handles the process in court, while the executor provides information and input. Most matters that the executor has to handle are financial in nature. Because of the amount of paperwork and the possibility of having to deal with emotional relatives, it could be wise to appoint someone who is:

• Persevering
• Inclined to deal with administration
• Willing to communicate with your relatives and carry out your wishes despite others’ disapproval

You have an estate planning attorney San Diego ready to help!

You may feel more comfortable discussing the choice of your executor and other matters related to estate planning with an experienced estate planning attorney San Diego. The Law Offices of Irina Sherbak are at your disposal. Feel free to schedule your no-cost, no-obligation 30-minute consult and have your questions answered by seasoned experts in estate planning. Call us today!