Who is the best person to be an executor?
Asked by: Paris Hilpert | Last update: November 18, 2025Score: 4.4/5 (65 votes)
Given the magnitude of the responsibilities and the intimacy of the role, you may want to name a close friend or relative as executor, someone who fully understands and respects your wishes, as well as those of your beneficiaries, and who might handle your sentimental heirlooms and other property more sensitively than ...
Who makes the best executor?
Choose someone you trust.
They're already familiar with the family dynamics, and can more easily navigate trouble spots. A spouse can be your executor, unless you believe their grief, coupled with the heavy responsibilities, may be too big a burden. A close friend can also serve as an executor.
Which child should be executor?
Make sure that you pick the most competent person possible. Being an executor can be a tough, time-consuming job. In some families, the decision of who to pick as an executor is done based on tradition or culture. The oldest child or the oldest male is automatically made the executor.
Who is best to be executor of your will?
Close Friends- a close and trusted friend can be a good choice, provided they possess the necessary qualities and are willing to take on the responsibility. Professionals- some solicitors, accountants and professional trustee companies can also act as executors. This option is beneficial if your estate is complex.
Who is normally the executor?
An executor of an estate is usually a family member, but it can also be a close friend, lawyer, accountant, financial institution, or financial advisor. In some cases, the deceased can name more than one executor, called co-executors.
What an Executor Can and Cannot Do
Who is a good will executor?
What makes a good executor? An executor should be someone who's trustworthy, financially responsible, organized and respected by the beneficiaries.
How much does an executor get paid?
California has one of the most detailed schemes, which provides that the executor fee is four percent of the first $100,000 of the estate, three percent of the next $100,000, two percent of the next $800,000, one percent on the next $9 million, one-half of one percent on the next $15 million, and a “reasonable amount" ...
Can an executor decide who gets what?
While executors have discretion in some areas, your core decision-making is bounded by: The deceased's will. You must follow their distribution wishes rather than diverging based on your own judgments.
How powerful is an executor of a will?
They have many responsibilities and powers. However, the executor does not get to decide who gets what. It is the fiduciary duty of the executor to distribute the decedent's estate funds as stated in the will. The executor does not have the power to go against the will or change what the will says.
Is it better to have one or two executors?
People usually designate one person to serve as the executor of their will, but it is also possible to designate two or more co-executors. Most lawyers advise that one executor is best, as it avoids potential disputes, but there are situations where it may make sense to appoint co-executors.
What is the first thing an executor of a will should do?
First, find the latest will
If you think the person left a will, your first task will be to track down the latest version. This is usually a relatively easy step, but an important one. Be prepared to have to dig through paperwork, and also to deal with surprises and challenges during this part of the process.
How many executors is best for a will?
Appointing two executors in a will can lighten the load as both people will have the authority to act for the deceased. If each executor has a different skill set, they can each take on the duties they are best suited for, ensuring that all tasks are completed properly.
Can an executor be a beneficiary?
An executor can also be someone you've named as a beneficiary in your will. The role of an executor is a serious one which carries a lot of responsibility. When choosing your executor or executors you need to bear this in mind. It should be someone you trust to carry out this work.
What are the disadvantages of being an executor?
Being an executor of a will involves time-consuming responsibilities, including estate management, asset gathering, and distribution, often causing emotional strain. Navigating legal complexities can be challenging without expertise, and executors may face personal liability for errors.
How do I choose an executor?
Most people choose a relative or close friend as executor. If your estate is large or complicated you may wish to appoint a trust company to act as your executor. As a last resort, if you do not have anyone available to act as your executor you can appoint the Public Trustee.
Who is the best person to write your will?
There are a few methods and formats for writing a will: with the help of a lawyer, through an online service, or on your own. Writing a will with the help of an estate planning lawyer is the most traditional and common method.
Can the executor of will take all the money?
An executor of a will cannot take everything unless they are the will's sole beneficiary. An executor is a fiduciary to the estate beneficiaries, not necessarily a beneficiary. Serving as an executor only entitles someone to receive an executor fee.
Who has the most power in a will?
It depends. If most of a decedent's estate is put into a trust, then the trustee of the trust would have more power. If by power you mean the capacity to distribute the decedent's estate. Generally, this tends to be the case if a person creates a trust and a will during their lifetime.
Does an executor override a will?
No, an executor cannot override or modify the terms of a will, with few exceptions. In fact, as fiduciaries to the estate beneficiaries, executors are legally required to abide by the will throughout the probate process, including the distribution of assets to the named beneficiaries of the will.
Does the executor of a will have the final say?
The executor has authority from the county probate court to act in this role, but that doesn't necessarily mean that the executor has the final say on all decisions regarding the estate. In fact, they're instead tasked with simply following the guidelines set forth by the will and other estate planning documents.
Who make sure an executor is honest?
To ensure the executor remains honest over the course of administration, beneficiaries should make it a point to play an active role in administration. They should be familiar with the contents of the will, the nature of their inheritance, the duties of the executor and the steps of the administration process.
What to do if the executor is ignoring you?
If you have gotten to the point where you feel an executor is failing to uphold their duty to maintain communication, you should contact a probate litigation attorney for support.
Is the executor of a will entitled to anything?
According to the California Probate Code section 10800, the executor receives a percentage of the estate. For example, the executor is entitled to 4% of the first $100,000 of the estate, then 3% of the next $100,000, and 2% of the next $800,000.
How do I avoid taxes on executor fees?
How to avoid taxes on executor fees. It's important to note that executor fees are considered taxable income. However, if the executor is also a beneficiary of the estate, they might choose to waive their right to receive executor fees in order to avoid paying taxes on them.
What is 6% executor fee?
Executor fees are regulated by a set tariff of 3.5% (excl. VAT) of the gross value of assets in the estate, and 6% (excl. VAT) on all income received into the estate during the estate administration process. The length of the deceased administration process therefore determines how much an executor can charge.