Choosing an executor
Your executor (called a "personal representative" in some states) is the person responsible for carrying out your will after you die. Choosing the right person is one of the most important decisions you make when writing your will.
What does an executor do?
An executor's responsibilities typically include:
- Filing your will with the probate court
- Notifying banks, government agencies, and creditors of your death
- Inventorying your assets and having them appraised if necessary
- Paying outstanding debts and taxes from the estate
- Distributing assets to your beneficiaries according to your will
- Keeping detailed records and accounting to the court
This process can take anywhere from a few months to over a year depending on the complexity of the estate.
Who can serve as an executor?
In California, New York, and Texas, the executor must be:
- At least 18 years old (Texas allows 18+; California and New York require legal adulthood)
- Of sound mind
- Not convicted of certain felonies (varies by state)
There is no requirement that your executor be a licensed professional. Most people name a spouse, adult child, sibling, or trusted friend.
Choosing well
Look for someone who is:
- Organized and detail-oriented — executor work involves a lot of paperwork
- Financially literate — they will need to manage an estate account and deal with financial institutions
- Geographically accessible — being local helps, though it is not legally required
- Willing — always ask before naming someone; the role can be time-consuming and emotionally difficult
- Trustworthy — they will have legal authority over your estate
Avoid choosing someone whose interests may conflict with your beneficiaries.
Alternate executor
Trustwise lets you name an alternate executor who steps in if your primary executor is unable or unwilling to serve. Naming an alternate is strongly recommended — if your primary executor dies before you or declines the role, a court may have to appoint someone.
Can an executor also be a beneficiary?
Yes. In fact, it is common to name a spouse or adult child who is also a primary beneficiary. There is no legal prohibition in California, New York, or Texas, though some people prefer a neutral party to minimize family friction.
Executor compensation
Executors are generally entitled to reasonable compensation from the estate, set by state law. Family members often waive this right, but it is useful to have the conversation in advance.