What Is an Executor?
One important reason to have a will is to be able to name your executor (also called a personal representative). An executor is the person 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.
Restrictions on Executors
Next, you need to make sure the person or institution will be allowed to serve. States often have qualifications that a person must meet in order 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. Your attorney can tell you who is qualified to serve in your state.
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 an 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.
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.