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What Is an Executor?
One important reason to have a will is the ability to name your executor (also called a personal representative). An executor is responsible for managing the administration of your estate after you die. If you don’t choose an executor, the court will choose one for you.
Who Can Be an Executor?
The first decision is whether to choose a person or an institution to act as executor. A bank, trust company, or other institution can serve as well as family members.
Restrictions on Executors
Next, you need to make sure the person or institution will be allowed to serve. States often have qualifications that must be met for someone to act as your personal representative. For example, minors and convicted felons may not serve in this capacity. In addition, some states don’t allow executors who live in another state unless they are family members. Our estate planning lawyers can tell you who is qualified to serve as an executor in Arkansas.
What If I Don’t Have an Executor?
If you die without a will or the person named in the will can’t serve as executor, the probate court will choose one for you. State law dictates who has priority to serve. The surviving spouse usually has first priority, followed by children. If there is no spouse or children, then other family members may be chosen. If more than one person has priority and the heirs can’t agree on who should serve, then the court will choose.
If the decedent lived in Arkansas or had property in Arkansas, our firm serves all counties with offices in Benton, Little Rock, and Sherwood, AR, we can answer your questions about selecting an executor of your estate.
At McClelland Law Firm, we believe that limiting our practice areas provides the greatest value to our clients. To us, value means providing exceptional service and efficient processes for each of our practice areas.
We are committed to compassionate representations, especially as it relates to elder law. No one should feel pressured, controlled, or “talked down” to in any meeting. Every client deserves to be heard and understood.
McClelland Law Firm, P.A. is here to help you and your loved ones understand probate and trust administration, estate planning, Medicaid planning, crisis planning, guardianship, and elder law. Our Benton, Sherwood, and Searcy law offices welcome you to contact us and learn how we can help meet your elder law legal matters in White County, Pulaski County, Saline County, and throughout Arkansas.