When people decide to draft a will, they often put great thought into how the assets in their estate should be distributed. This is entirely appropriate, but equally careful consideration should be used to name the person who will oversee that legal process. You might feel that the person closest to you, whether that’s a spouse, child, parent or sibling, should be executor of your will, but there are also some practical matters to think about before making a final decision. 

Serving as personal representative for a decedent’s estate is a serious, multifaceted responsibility. Accordingly, you should look for the following qualities when naming an executor: 

• Trustworthiness — Your executor will have control over significant assets and must have the integrity to carry out your instructions without regard for their personal interests. Remember that you won’t be around during the probate process, so even if you trust someone, there might be problems if family members suspect that your executor is dishonest or incompetent.

• Organization skills — Several key duties are associated with proper estate administration. The person you select must maintain scrupulous records, meet deadlines, communicate with beneficiaries and file documents with the court. This could be overwhelming to someone who has trouble managing several tasks at once. 

• Long-term health — Of course, nothing about the future is certain, which is one reason why estate planning is so important in the first place. When picking an executor, try to find someone whom you expect to be alive and in good health at the time you pass away. It is also wise to think about appointing a contingent executor if your first choice is unable or unwilling to fill the role. 

• Legal and financial acumen — It’s not necessary to choose a lawyer or accountant to handle your estate, but many testators do decide to go with a professional. This should eliminate fears about an estate representative’s ability to deal with complex issues that arise. Naming a professional might also be wise if existing tensions among potential beneficiaries mean that a family member would possibly be accused of bias. Regardless of whom you appoint, they should be able to handle basic legal and financial concepts. 

If you would like help evaluating potential executors, consult an experienced estate planning attorney who can help you weigh potential candidates.

Anker Law Group in Rapid City assists South Dakota clients with all types of estate planning concerns, including the selection of a will executor. Please call 605-519-5967 or contact us online to make an appointment.