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Choosing the right executor for your will is one of the most important decisions you’ll make in your estate planning journey. This individual will be responsible for ensuring that your wishes are carried out, your debts are settled, and your assets are properly distributed. While it may sound straightforward, the role carries serious legal, financial, and emotional responsibilities. The person you choose should not only be trustworthy but also capable and willing to manage potentially complex tasks on behalf of your estate.
The executor, or personal representative, plays a vital role after someone passes away. Selecting the wrong person can lead to unnecessary delays, legal disputes, or even mismanagement of your estate. How do you choose the right executor? Let’s break it down.
What Does an Executor Actually Do?
Before you can decide who’s best for the job, it helps to understand what being an executor really involves. After your death, your executor will be responsible for:
In Michigan, an executor has a fiduciary duty to act in the best interest of your estate and its beneficiaries. That means they must act with care, honesty, and loyalty. If they fail to do so, they can be held legally accountable.
Qualities to Look for in an Executor
You don’t necessarily need to choose someone with legal or financial training, although that can help. What matters most is their reliability, integrity, and organizational ability. Listed below are some key traits to look for.
Trustworthiness
This is non-negotiable. Your executor will have access to your personal records, finances, and property. Choose someone with a solid moral compass who will carry out your wishes as intended.
Attention to Detail
From court paperwork to tax filings, your executor must handle a range of tasks that require accuracy and timeliness.
Calm Under Pressure
Estate administration can be emotionally charged, especially if family tensions arise. A good executor can stay focused and professional even in stressful situations.
Communication Skills
Your executor will be the point of contact for your heirs, lawyers, and the court. They should be comfortable communicating clearly and keeping everyone informed.
Availability
The role can take months or even years, depending on the complexity of the estate. Make sure the person you choose has the time and capacity to follow through.
Financial common sense
While they don’t need to be an accountant, your executor should be comfortable managing money and making sound decisions.
Who can Serve as an Executor in Michigan?
In Michigan, any adult who is mentally competent can serve as an executor. The law does not require them to live in the state, but selecting someone local can simplify logistics, especially when handling property or attending probate hearings.
Some people name a family member, such as a spouse, child, or sibling. Others prefer a trusted friend, a professional advisor, or even a bank or trust company if their estate is particularly large or complex. You can also name co-executors, though this can sometimes cause delays or disagreements if not handled carefully.
Mistakes to Avoid When Choosing an Executor
Choosing someone based solely on relationship
Just because someone is close to you doesn’t mean they’re the right fit. An executor should be capable, not just loved.
Not asking first
Always confirm that the person you’re naming is willing to serve. Surprising someone with this responsibility can create unnecessary stress.
Ignoring potential conflicts
Avoid naming someone who might clash with other beneficiaries. If there’s a known family conflict, consider appointing a neutral third party.
Failing to name an alternative
If your first choice can’t serve, it’s important to have a backup. Your will should name at least one successor executor just in case.
When are Professional Executors a Good Idea?
For complicated estates, blended families, or high-net-worth individuals, a professional executor can be a smart choice. These professionals bring experience, neutrality, and legal knowledge to the process, which can help reduce family conflict and ensure compliance with state laws.
Keeping Your Executor Informed
Once you’ve chosen your executor, make sure they’re prepared. Consider the following.
Being named as an executor is a big responsibility. Helping them understand what to expect will make the process smoother for everyone involved.
Choose With Care, Not Just Sentiment.
Your executor will be the one to carry out your final instructions and protect your legacy. That’s why it’s critical to choose someone with both character and capability to handle the job. Whether you name a family member, friend, or professional, take time to make an informed decision, and review it periodically as life circumstances change.
If you’re unsure who to name or whether a professional might be a better fit, our team at Leydorf Law Firm is here to guide you. We can help you think through your options, draft a legally sound will, and ensure that your wishes and your loved ones are protected.