Choosing the right executor for your will is one of the most important decisions in your estate planning journey. The executor manages your affairs after death—paying debts, distributing assets, and ensuring your wishes are carried out. This role requires trust, organization, and the ability to navigate legal and financial responsibilities.
A capable executor helps prevent delays, conflicts, and costly mistakes during probate. Here is everything you need to know about choosing an executor—from understanding their duties and qualifications to avoiding common mistakes.
A Killeen estate planning lawyer at the Law Office of Brett H. Pritchard can also answer questions and support executors during probate. Contact us today to discuss the best options for your estate plan.
What Is an Executor?
An executor (also called a personal representative) is responsible for executing the estate plan and managing the estate from the time of death until probate closes. Their duties may include:
Filing court documents
Handling creditor claims
Filing the estate’s final tax return
Identifying and valuing assets
Selling estate property as needed
Keeping financial records
Distributing assets to beneficiaries
Because the executor manages critical tasks, you should not appoint just anyone. The person you choose will safeguard the assets you have spent a lifetime building.
How Is the Executor Appointed?
The executor is appointed through your will. You may name both a primary and alternate executor, since your first choice may be unable or unwilling to serve. Once the will is filed, the court formally appoints the executor.
You may also include instructions in your will to guide the executor’s work. This ensures that your wishes are clear throughout the probate process.
To make sure your will is clear and has the directions you would like to pass on to your executor, contact a Killeen estate planning attorney for help getting your will in order.
The Executor’s Fiduciary Duties
Executors owe fiduciary duties to the beneficiaries of the estate:
Duty of Care
The executor must act with reasonable care and diligence, making prudent financial and legal decisions.
Duty of Loyalty
The executor must put beneficiaries’ interests above their own, avoid conflicts of interest, and disclose any potential conflicts.
Failure to meet these duties can expose the executor to personal liability and place beneficiaries’ inheritances at risk. Poor decisions can also spark costly family litigation.
Qualities to Look for in an Executor
Because the executor’s role is demanding, you should consider the following qualities when choosing an executor for your estate:
Financial Know-How
Executors must handle taxes, debts, and sometimes investments. Mistakes can be costly for both the estate and the executor.
Willingness to Serve
Being an executor is a large responsibility that not everyone wants. Confirm your candidate is willing to serve before naming them.
Respected in the Family
Executors often interact with multiple beneficiaries. Choosing someone respected helps reduce conflict and avoid probate litigation.
Capability Matching the Estate Size
A family member may manage a modest estate, but larger or more complex estates may be better off with a professional executor.
People to Avoid as Executors
Certain traits should disqualify someone from serving as executor, including:
Irresponsibility with money
Lack of attention to detail
Impatience or intolerance for lengthy probate processes
Strong emotional tendencies that could spark conflict
Advanced age or poor health
An executor cannot be changed unless you change your will, so choose someone who can fulfill the role for the foreseeable future.
Why Executors Should Work with an Estate Planning Attorney
Even capable executors benefit from legal guidance. Probate is complex and can take months or even years. An experienced estate planning lawyer can:
Advise the executor on legal requirements
Help preserve and manage estate assets
Reduce the risk of personal liability
Guide the estate efficiently through probate
Working with a Killeen estate planning attorney at the Law Office of Brett H. Pritchard can make the process smoother for the executor and protect the entire family’s interests. Contact us today to schedule a FREE consultation to discuss your estate.
Contact a Killeen, TX, Estate Planning Lawyer Today
Planning for the future is one of the most important steps you can take to protect your family, assets, and legacy. At the Law Office of Brett H. Pritchard, we help individuals and families create customized estate plans that reflect their wishes and provide peace of mind. Whether you need a will, trust, or full estate plan, our experienced attorneys will guide you every step of the way.
Contact us online or call (254) 781-4222 for a FREE consultation with a dedicated Killeen estate planning attorney.