Selecting The Right Executor For Your Estate
Choosing the executor of one’s estate is an important and necessary task. The executor is the person who carries out a deceased person’s wishes. Responsibilities can be vast, and it is important to select someone that is trustworthy and capable of doing the job. Someone with business or investment experience is recommended.
Responsibilities of an Executor Include:
· Making funeral arrangements.
· Preparing a final tax return.
· Distributing assets to beneficiaries, as designated by a will or, if there is no will, by state law.
· Paying debts.
· Terminating leases and credit cards.
· Informing banks and government agencies of the death.
· Helping to resolve conflicts between surviving loved ones over the estate.
· Deciding whether or not probate proceedings are necessary.
· Filing a will—if there is one—in probate court.
· Establish an estate bank account.
A trusted friend, relative, or a professional executor can be appointed as the executor of an estate. Although the executor is required to follow the directions left by the person who died, the executor may be forced to make judgment calls that were not planned for, so knowing that the appointed person would act according to one’s wishes is important. With more complicated estates, a professional executor may be better to able to handle the responsibilities.
Selecting a person who resides in the local area where probate proceedings could take place is also a good idea, as an out-of-state executor may find it more difficult to work with heirs and file paperwork in court. Also, certain states have strict rules regarding out-of-state executors.
Before appointing someone as your executor, remember to ask them if they are willing to accept the responsibility. Naming an alternate executor, in the event that the primary executor cannot serve in the role, can also be helpful and will prevent the court from intervening an appointing the new executor for you.
At Sagaria Law, P.C., our estate planning attorneys can help you appoint an executor for your estate. We can also advise you on how to organize your estate, whether you’d like to make a will, set up a living trust, draft a living will, or work with any other kinds of estate planning tools to help you with your estate. Each estate will be different, and our estate planning lawyers have the experience to help you make the choices that are best for you.
We represent clients in Northern California in the cities of Newark, Oakland, San Leandro, San Jose, Fremont, Santa Clara, Foster City, and Carmel, as well as other cities in Monterey County, Alameda County, and Santa Clara County. Contact Sagaria Law, P.C. today for your free consultation.
Choosing the right executor is vital, The Californian, February 26, 2007
Related Web Resource:
, The State Bar of California
Estate Planning
Wills and Estate Planning, Nolo.com
Bookmark: 
