If your estate plan includes a Will, one of the things you’ll need to do is choose an Executor. Most people name their spouse or a child as Executor without ever stopping to think about what an Executor actually does.  The truth is that the role of Executor can be demanding and stressful, especially for a grieving family member.  Here are some qualities you’ll want your executor to have:

• Loyal: Your Executor will need to follow the instructions contained in your Will, and will need to defend your estate against false claims by creditors and, possibly, relatives.
• Fair: Your Executor will need to balance the interests of all beneficiaries.
• Honest and Trustworthy:  Your entire estate – all of your property – will be at your Executor’s disposal.  He or she will be responsible for managing it for the benefit of your beneficiaries, for paying all of your final bills and debts, and for distributing it in accordance with the terms of your Will and with state law.
• Organized:  Your executor will have mountains of paperwork to keep track of:  bank statements, tax forms, appraisal reports, bills, life insurance form…the list goes on and on.  He or she will need to be clear-minded and have the ability to stay on top of the estates financial affairs.
• Thick-Skinned: Many people don’t anticipate how contentious the probate process can be.  When it comes to money and possessions, family members can turn on each other at a moment’s notice. Add to this the potential for creditors’ claims and the fact that your executor is likely unfamiliar with the legal system, and his or her job can get very stressful very quickly.

It’s easy to underestimate what it takes to be a good Executor.  Before you make a choice, think through this list and make sure the person you select is up for the job.  Keep in mind that our offices can help your executor through the probate process in order to make things as easy on them as possible.  We welcome an opportuntity to talk to you – (336) 547-9999.

The Law Offices Of Cheryl David is a member of the American Academy of Estate Planning Attorneys.

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