Choosing the right executor for your estate is a big decision. It isn’t a job just anyone can take on. It’s a heavy responsibility, one that can affect the lives of the loved ones you leave behind. If your estate goes through probate court—which happens with many estates in California—your executor’s tasks become even harder.
What does an executor do?
Many automatically choose their eldest child or closest relative without thinking about the duties of the role. Think of an executor as your estate manager after you pass away. They take on various legal responsibilities, including:
- Filing your will with the California Superior Court
- Representing your estate throughout the probate process
- Informing your creditors and heirs
- Managing and settling outstanding debts
- Handling tax obligations and other claims
The role requires attention to strict deadlines and careful documentation of all actions taken on behalf of your estate.
What to look for in an executor
California has two basic requirements for executors. First, they must be at least 18 years old. Second, they should have the mental capacity to handle all the tasks and decision-making that the role requires.
While it’s better if your chosen representative hasn’t done any crime, California actually allows convicted felons as executors. The state also allows you to choose executors who live out-of-state.
Aside from these basic requirements, look for someone who:
- Keeps good records and stays organized
- Can communicate clearly with others
- Knows basic accounting
- Objective and emotionally stable
More importantly, choose someone who can and wants to take on this role. The person you pick should understand your wishes regarding the estate and family relationships.
How to make the best choice
Your choice of executor will affect how smoothly things go after you’re gone. Keep in mind that family members might find it hard to handle an executor’s tasks while grieving.
If your family situation or estate is complex, you might want to hire a professional fiduciary. Consider consulting an estate planning attorney to guide you through this decision and other aspects of your estate plan. They can help ensure your choice aligns with California probate laws and your estate’s specific needs.