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Should you accept the executor appointment?

Posted by Joshua Gunsher, Esq. | Feb 23, 2024 | 0 Comments

What is the appropriate response to a loved one asking you to be their estate's executor? Should you accept the role? Won't refusing the appointment affect your relationship going forward?

Here are four factors to help you make a decision:

The complexity of the estate

Typically, executors handling larger estates have more responsibilities than those handling small ones. But even a small estate can be demanding, for example, when a beneficiary contests a will.

Nonetheless, regardless of the complexity of the estate, you can work with professionals to make your duties more manageable. 

The emotional side of the role

Being an executor may involve dealing with temperaments. For example, if a beneficiary believes their inheritance has an error or when they conflict with another, they will reach out to you to solve it. Handling these issues can evoke different emotions in you.

Time 

Executing an estate involves filing required forms to the probate court, communicating with beneficiaries, managing assets, and so on. These can take time. 

Assess your current life to establish if you can serve without difficulties. If you don't live near your loved one, determine how you will move around when needed. 

Your roles before probate

You may need to assume some of your duties when your loved one is still alive. For example, if they make a change to any of their documents, you need to be informed. 

Further, you need to know the locations of the will and other documents and possibly work with professionals to ensure you understand your role in-depth. Examine if your current schedule can allow you to start your executor duties immediately. 

When a loved one informs you that they have appointed you as their executor, ask why they believe you are the most suitable choice. Their answer may make your choice easier. Legal help can also come in handy.  

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