When Pope Francis died on Easter Monday this past April, the Catholic Church activated a succession plan refined over two millennia. Cardinal Kevin Farrell, serving as Camerlengo, immediately assumed responsibility for verifying the death, securing the papal apartments, and managing Vatican affairs until the College of Cardinals could elect a new pope. Within weeks, the Church had transitioned leadership to Pope Leo XIV with remarkable order. The Vatican’s meticulous planning offers a lesson for the rest of us: even the most consequential transitions can proceed smoothly when the right person is chosen to manage them.
For most families, the executor of an estate plays a similar role—the trusted person who steps in after death to carry out your wishes, settle your affairs, and ensure your assets reach the people you intended to receive them. Choosing the right executor is one of the most important decisions in estate planning, yet many people give it less thought than it deserves.
What Does an Executor Do?
An executor (called a “personal representative” in Florida and the District of Columbia) is the person responsible for administering your estate after you die. Executor duties include locating the will, filing it with the probate court, notifying beneficiaries and creditors, inventorying assets, managing property during administration, filing final tax returns, paying valid claims, and distributing assets according to the will. The role typically lasts several months to several years, depending on estate complexity.
Executors have a fiduciary duty to act in the best interests of the estate and its beneficiaries. They can be held personally liable for mismanaging assets, failing to pay valid debts, or distributing property improperly. Courts take these duties seriously, and beneficiaries can sue executors who breach them.
What Qualities Should an Executor Have?
When choosing an executor, most people start by thinking about trust. Trust matters, but an effective executor also needs to be organized, available, and capable of handling interpersonal conflict—because estate administration often involves all three challenges simultaneously.
Organizational ability may be the most underrated quality. Estate administration involves tracking deadlines, maintaining records, corresponding with multiple parties, and managing money that belongs to others. The person who files taxes on time, keeps good records, and follows through on commitments is often a better choice than the family member who means well but has a history of disorganization.
Availability matters more than people realize. Estate administration takes time—time to visit probate court, meet with attorneys and accountants, manage property, and communicate with beneficiaries. Someone with a demanding career, young children, or health challenges may not be able to devote the attention the role requires. A retired person or someone with a flexible schedule can often serve more effectively than a busy professional.
Interpersonal skills become critical when family dynamics are complicated. Executors frequently mediate disputes between beneficiaries, deliver unwelcome news, or explain decisions. The ability to communicate clearly, remain calm under pressure, and treat people fairly helps prevent conflicts from escalating into litigation.
Should You Choose a Family Member or Professional Executor?
Most people name a family member as executor, typically a spouse or adult child. Family members often waive or reduce their fees, understand family dynamics, and have a personal stake in proper administration. However, sibling rivalries can resurface during estate administration, with beneficiaries second-guessing every decision. A family member may also lack the knowledge to handle complex tax issues or business succession questions, and grief can impair functioning when important decisions need to be made.
Professional executors—including attorneys, accountants, and trust companies—offer expertise and neutrality. They bring experience from administering many estates and won’t be accused of favoritism. The tradeoff is cost: professional executors charge fees calculated as a percentage of the estate or an hourly rate. A common middle ground is naming a family member as executor with instructions to retain professional help as needed.
Should You Name Co-Executors?
Some people name multiple executors to distribute workload or avoid appearing to favor one child over another. Co-executors can work well when they cooperate effectively and have complementary skills. More often, co-executors create problems. Most states require co-executors to act unanimously, meaning administration halts if they disagree. Even when they agree, coordinating schedules and obtaining multiple signatures slows everything down.
If you’re considering co-executors primarily to avoid hurt feelings, consider whether that goal is worth the practical complications. Estate administration is a job, not an honor. You wouldn’t hire three people to do one job at work just to avoid hurting feelings, and the same logic applies here.
Why You Need Successor Executors
Your first-choice executor may not be available when the time comes—they might predecease you, become incapacitated, or decline to serve. Your will should name at least one successor executor, and preferably two, who can step in if your primary choice cannot serve. Apply the same criteria you used for your primary choice: organizational ability, availability, and interpersonal skills.
Don’t name someone as a successor just because they’re next in line by age or family position. A poorly chosen successor is worse than having the court appoint someone, because at least the court will consider fitness for the role.
Talk to Your Executor Before Naming Them
Before naming someone as your executor, talk to them. This confirms they’re willing to serve and allows you to explain any complications. Be honest about what the role will involve—if your estate includes a family business, property in multiple states, or beneficiaries who don’t get along, say so. If they decline after hearing the full picture, better to learn now than have them resign mid-administration.
Tell your executor where to find important documents: your will, financial statements, insurance policies, deeds, and contact information for your attorney, accountant, and financial advisor. Some people prepare a letter of instruction with this information plus guidance about funeral preferences.
When Should You Change Your Executor?
Executor selection isn’t a one-time decision. Review your choice when major life events occur: your executor’s death, serious illness, divorce, relocation to a distant state, or any significant change in their reliability or judgment. Your own circumstances matter too—if your estate has grown significantly or become more complex, your executor choice should reflect those changes.
An executor suited to administer a simple estate may not be right for one with business interests, real estate in multiple jurisdictions, or beneficiaries with complicated needs. Review your executor selection whenever you review your estate plan—at minimum every three to five years.
Frequently Asked Questions About Executors
Can an executor also be a beneficiary?
Yes. Most executors are also beneficiaries—typically a spouse or child. Being a beneficiary doesn’t disqualify someone from serving, though they must still fulfill their fiduciary duties.
What happens if there is no executor named in a will?
The probate court appoints someone, typically giving priority to surviving spouses, then children, then other relatives. You lose control over who fills the role.
How much does an executor get paid?
Executors are entitled to reasonable compensation, often set by state statute as a percentage of the estate. Family members frequently waive their fees but aren’t required to.
Can an executor live in a different state?
Generally yes, though some states require out-of-state executors to post a bond or appoint a local agent. It’s workable but may involve more inconvenience.
Can an executor be removed?
Yes. Beneficiaries can petition the court to remove an executor who is mismanaging the estate or breaching fiduciary duties. The removed executor may be held personally liable.
Choosing the right executor requires balancing trust, capability, and availability. Take time to consider your options, discuss the role with your chosen executor, and review your choice periodically. Like the Vatican’s careful succession planning, thoughtful preparation helps ensure difficult transitions proceed smoothly.
About the Author: Kevin C. Martin is an estate planning attorney serving clients in the D.C. metro area and Florida. He focuses on families with complex planning needs, including blended families, international clients, and clients relocating between jurisdictions. Schedule a consultation at kevinmartinlaw.com.