In most states, any person over the age of 18 who hasn’t been convicted of a felony can be named the executor of a will. Some people choose a lawyer, accountant or financial consultant because of his or her expertise. Others choose to appoint a spouse, adult child, relative or friend, especially if the estate is small. If a family member or friend is named, they may hire an attorney to represent them in the process. In many cases, a family member or friend expects little or no pay for settling the estate and is anxious to get things settled quickly and smoothly.
Being an executor can be a lot of work. You have to follow up on many details and may also be called upon to help defend the terms of the will against squabbling heirs or unwarranted claims by outside parties. You also need to be able to act quickly in order to preserve the value of the estate. For example, taxes must be filed in a timely manner to avoid penalties.
Because of the many responsibilities involved, the person being named in a will is usually asked if he or she is willing to serve as executor. If you’ve been named executor in someone’s will but are unwilling or unable to serve, you need to file a declination, a document declining your designation as executor, with the court. The contingent executor named in the will then steps in. If no contingent executor is named, the court will appoint one.