Who Should I Name as my Executor?

An executor is a person tasked by a probate judge with the job of handling the financial obligations of a person’s estate following their death. When you make your estate plan, choosing an executor is one of the most important choices you will make. This individual will have direct control over the process of ensuring your final wishes are met.

You want to select someone who is trust worthy enough to put in charge of your finances. You also need to rely on more than just loyalty. This is a complex job, and you deserve someone who is capable of doing the work.

Who Can Serve?

The first consideration is whether a person can serve as your executor. The reality is that Texas law is fairly lax on who can serve in this position. It is up to the creator of the document to ensure they have selected someone trustworthy and capable of fulfilling their final wishes after their death.

First and foremost, the executor’s age is a factor. An individual is barred from serving in this role if they are under the age of 18. There are no exceptions to this prohibition. Second, while a person with a felony conviction is no longer barred from acting as an executor of a last will and testament, probate courts have the discretion not to appoint convicted felons.

While not a requirement, selecting someone living in the State of Texas is a good idea. Out-of-state executors must appoint someone in the state to accept legal service on their behalf.

Choosing the Right Person

You have options when it comes to selecting an executor for your last will and testament. Many people choose family members, including siblings or children. This is a natural option, given the close relationship families often share. What’s more, these individuals are typically likely to be beneficiaries of the will as well.

There is no requirement that you select a family member, despite this being the most common option. You can also appoint a family friend to act in this role. This is a decision that is different for everyone.

If you do not have friends or family to turn to for this task, you can instead rely on the support of a professional. Many hire third parties like banks, law firms, and corporate fiduciaries to take on this responsibility. While additional costs come with this approach, you also enjoy the peace of mind that comes with knowing a professional is on the case.

Talk to J Nichols Law, PLLC Today

Choosing your executor is only one of the steps in the estate planning process. If you are thinking about the future, now is a good time to contact J Nichols Law, PLLC. Call today at 409-257-7878 or contact us online to schedule a consultation.