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Who Can Be an Executor of a Will?

A Guide to Probate

Probate is the process of administering a deceased person’s estate before the actual distribution of assets. An executor ensures wishes outlined in a will are carried out according to state laws. While not technically required, it is often beneficial to appoint an executor because it can help protect family and friends from unexpected lawsuits.

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Who Can Be An Executor Of A Will
Probate Attorney

Who Should Be the Executor of a Will?

An executor is a person appointed to execute the instructions of a will. The executor protects the estate and manages its assets. They are chosen by the testator to carry out the directives stated in the will. While it’s common to have more than one executor, it’s not mandatory. Executors are responsible for performing all necessary legal actions after the testator’s death, such as selling property, paying off debts, handling tax obligations, arranging the funeral, and more.

Can a Witness be an Executor?

Yes, a witness can also serve as an executor, provided they are not beneficiaries of the will. A valid will must be witnessed by at least two individuals who are not related to the testator and do not share a close familial bond with each other. If a third party is added as an additional witness, they must sign the document alongside the executor and the testator.

Can my attorney be the executor of my will?

Your estate planning attorney can indeed act as the executor of your will. This can be a viable option if you lack family members or friends whom you trust to manage your estate effectively.

Choosing an experienced executor familiar with handling various estate sizes and complexities ensures proper estate management. If no suitable family member is available, seeking a professional executor might be necessary. It’s important to consider the potential costs involved, as attorneys and other professionals working with estates, such as accountants and bankers, may charge varying fees. These fees can increase with the complexity of the estate due to the additional time and resources required to manage everything from will execution to probate court proceedings.

Executor and Beneficiary Conflict?

Which Child Should Be the Executor?

While the eldest child is often considered for the role of executor, it is advisable to choose the most financially responsible child. In families with only one child, that child is likely to be the sole administrator and heir.

How to Choose an Executor of a Will

When appointing an executor, assess their history for reliability. Investigate their past court records, review their credit report, and ensure they are trustworthy and loyal. Key considerations include:

Do They Have the Ability to Manage an Estate?

The primary qualification for an executor is their capability to manage your affairs as per your wishes. This includes a comprehensive understanding of estate management, the ability to undertake legal actions as needed, and handling financial transactions related to your estate.

Prospective executors should also have experience in estate management, including familiarity with wills, trusts, and probate proceedings. Such experience can be acquired through volunteer work at community centers or studying estate planning literature.

If I Don’t Appoint an Executor, Who Will Be Named?

Failure to appoint an executor will lead the probate court to appoint one on your behalf, typically opting for a paid professional executor. In cases where the designated individual is unable to serve due to a conflict of interest, the court will select an alternative executor capable of fulfilling your wishes.

Understanding the Requirements to Be an Executor

An executor is vested with the authority to execute the terms of a will or trust. Consequently, an executor should:

  • Adhere to and execute the testator’s instructions with integrity and sound judgment.
  • Possess a thorough understanding of California’s laws and the laws of any other jurisdictions involved with the estate.
  • Have adequate financial resources to settle all estate-related obligations, including personal debts and those incurred on behalf of heirs, legatees, or devisees.
  • Be free of any conflicts of interest that could impair their ability to perform their duties effectively.

For expert legal guidance, contact our attorneys at Hess-Verdon at (949) 706-7300 to schedule a consultation.

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Who Can Be An Executor Of A Will? A Guide To Probate

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