Every will names an executor. The executor’s function is to become your personal representative — responsible for carrying out your final wishes with accuracy, care and legal authority.
An executor’s role begins the moment you pass away and can continue for months, sometimes years, depending on the complexity of your estate. They are responsible for locating and reviewing the will, applying for probate — the court process that confirms the will is valid — notifying beneficiaries and creditors, paying outstanding debts and taxes, distributing assets in accordance with your wishes, and keeping detailed records throughout, since executors are accountable to the beneficiaries and, if disputes arise, to the courts.
There is no single “right” choice for every family, but the strongest candidates tend to be organized, trustworthy and financially responsible, willing and available to take on real time and effort, and reasonably local to make practical tasks easier to manage. We regularly see clients name co-executors without clearly dividing responsibilities, or fail to name an alternate in case their first choice is unable or unwilling to serve — both of which can slow the estate down significantly when it matters most.
For larger or more complex estates, or where family dynamics may create tension, a professional or corporate executor can provide neutral, experienced administration, typically for a percentage of the estate. Whichever direction you choose, it’s worth revisiting your decision after major life events — marriage, divorce, or the death of your named executor — to make sure the person you’ve named is still the right one. If you’re drafting or updating your will, our team can help you think through this decision and put a plan in place that protects your family. Schedule a consultation with CS Law to get started.
