March 2026:
The MLO Minute: “Choosing the Right Executor: A Key Step in Estate Planning”
By Dennis McAndrews, Esq., Founder and Managing Partner Emeritus, and Dawna McHale, Estates & Trusts Paralegal —
We all know the importance of having a properly executed Last Will and Testament in place. Preparing a Will allows you to clearly outline your wishes and directives after your passing, helping to minimize family stress, potential conflict and save both time and expense. A well-drafted Will also substantially streamlines the probate process, making matters significantly easier for your loved ones during an already difficult time.
An equally important aspect of estate planning is the selection in your Will of an appropriate executor. While the assistance of capable counsel is necessary to handle the necessary legal matters in administering an estate, the executor is responsible for working with chosen counsel in administering your estate throughout the probate process, ensuring that your wishes are carried out accurately and efficiently. While many individuals choose a surviving spouse or adult child(ren), the decision should be made carefully based on capability rather than convenience or assumption.
An executor’s responsibilities are therefore substantial. They may include liquidating assets, valuing property, settling of any outstanding debts, closing accounts, opening estate accounts and also maintaining clear communication with beneficiaries. Given the scope of these duties, it is critical to appoint someone who is not only trustworthy, but also capable of performing these tasks in a timely and organized manner, and the importance of working with experienced counsel is also apparent.
When determining who should serve as your executor, consider selecting someone who demonstrates the following qualities:
- Organization and Attention to Detail: The executor must manage extensive documentation, track financial matters and comply with court-imposed deadlines.
- Proximity and Availability: Choosing someone who lives nearby can help avoid unnecessary delays, travel burdens, and additional expenses, particularly if court appearances or in-person tasks are required.
- Interpersonal Skills: An executor should be able to communicate effectively and maintain neutrality, especially when collaborating with counsel and interacting with family members and beneficiaries.
- Willingness to Serve: It is essential to confirm that the individual is both aware of and willing to accept the responsibilities of the role.
Ultimately, selecting the right executor is just as important as drafting the Will itself. Thoughtful consideration of this decision can help ensure that your estate is administered smoothly, your wishes are honored and your loved ones are supported during a challenging time. Thoughtful planning today can make a meaningful difference tomorrow.
