An executor (also known as a personal representative) is someone who has
been designated by you to administer your probate estate. Essentially this
means that this person will be carrying out what you have written in your
will. As you can imagine, this is an important responsibility since this
person will be acting as your legal representative.
This person's duties will include:
- collecting your probate assets
- paying any debts or estate taxes and
- distributing your estate's funds according to your will's terms.
You will want to ensure that your executor is trustworthy and has both good
common sense and judgment. Of course, this should also be someone who will
treat everyone fairly. This person may be a trusted friend or relative who
is good at handling financial matters. There are also some banks that will
serve as your executor for a fee, which is something that a friend or family
member would not charge you.
It is important to understand that there are some restrictions upon who can
serve as an executor. The person must live in the same state as you and you
will also need to have a second choice named in case your first choice is
either unable or unavailable to do this for you. You must also make sure
that the person whom you choose is not a minor, convicted felon or non-U.S.
citizen. A lot of jurisdictions will also require your executor to post a
bond in order to protect your estate's assets. There are usually waivers
available for this though if you make sure to request it in your will.