Creating a will involves more than deciding who should inherit your property. You also need to choose
someone who will be responsible for carrying out many of the instructions you leave behind.

In Texas, that person is commonly called the executor. It is an important role, and choosing the right
person deserves more thought than simply naming the family member who seems like the obvious
choice.

What Does an Executor Do?

After someone dies, an executor may be responsible for handling a variety of tasks related to the
estate.

Depending on the circumstances, those responsibilities may include identifying estate assets,
addressing debts and expenses, handling certain property, and distributing assets according to the
will.

The executor may also need to work with attorneys, financial institutions, accountants, beneficiaries,
and others while the estate is being administered.

The exact responsibilities depend on the estate. Someone handling a relatively simple estate may
have a very different job from an executor dealing with multiple properties, business interests,
complicated finances, or family disagreements.

Choose Someone Who Can Handle the Responsibility

You do not necessarily need to choose the person who is closest to you emotionally.

Instead, think about who would be able to handle the responsibilities that come with settling your
estate. An executor may need to keep records, meet deadlines, communicate with beneficiaries, and
make decisions during a difficult time.

Consider whether the person is organized, dependable, and comfortable dealing with financial
matters. Communication skills can matter as well, particularly if several family members or
beneficiaries will be involved.

Your choice should also be someone you trust to follow your wishes and handle the responsibilities of
the role carefully.

Consider Family Dynamics

Naming a family member as executor can sometimes create tension, particularly when several siblings
or other relatives are beneficiaries.

That does not mean you should avoid choosing a family member. In many families, a relative may be
an excellent choice. It does mean that family relationships are worth considering before making the
decision.

Think about how your chosen executor communicates with the other people involved in your estate. If
disagreements arise, will that person be able to remain calm and focused on the responsibilities of the
role?

Sometimes the person who would make the best executor is not the person everyone expects you to
choose.

Think About the Estate They Will Be Managing

The nature of your estate can also affect your choice.

An estate with multiple properties, investments, business interests, or other complex assets may
require more time and attention. A simpler estate may involve fewer ongoing responsibilities.

Think about what your executor would actually need to manage. Then consider whether the person
you have in mind has the time, organization, and temperament to take on the job.
Location can matter, too. Your executor does not necessarily have to live nearby, but distance may
make some responsibilities less convenient.

Talk to the Person Before Naming Them

Being named executor can come as a surprise if you have never discussed it with the person.

Before finalizing your choice, consider asking whether the person is willing to serve. You can explain
why you chose them and give them a general idea of what the responsibility may involve.

You do not have to share every detail of your finances. However, it can be helpful for your executor to
know that you have an estate plan and where important documents can be found when they are
needed.

A conversation now can prevent confusion later.

Name a Backup Executor

Your first choice may not be able to serve when the time comes.

Circumstances change. The person you name could develop health problems, move away, die before
you, or simply become unable or unwilling to take on the responsibility.

Naming an alternate executor gives your estate plan another option if your first choice cannot serve.

Your Executor Does Not Have to Fill Every Role

The person you choose as executor does not have to fill every important role in your estate plan.

For example, the person you trust to settle your estate after your death may not be the same person
you want handling financial matters if you become incapacitated. If you have a trust, you may also
name a trustee to manage trust assets.

Different roles can call for different skills. Choosing each person based on the responsibilities involved
may make more sense than naming the same individual for everything.

An estate planning attorney can help you understand the responsibilities associated with each role
and properly document your choices.

Frequently Asked Questions

Does my executor have to be a family member?

No. Your executor does not have to be a relative. The important considerations are whether the
person is appropriate for the role, willing to take on the responsibility, and able to serve under Texas
law.

Can I name more than one executor?

A will may provide for more than one person to serve. However, naming co-executors means those
individuals may need to work together while administering the estate.

Before choosing multiple people, consider how well they communicate and whether sharing the
responsibility would make administration easier or more difficult.

What if I change my mind about my executor?

Your choice does not have to remain the same forever. If the person you named is no longer the right
fit, your estate planning documents can be updated to reflect a different choice.

Choose the Right Person for the Job

The person you name as executor may eventually have significant responsibility for carrying out the
instructions in your will. Taking the time to choose carefully can make the estate administration
process easier for the people you leave behind.

Leigh Hilton PLLC can help Bartonville families understand the role of an executor and make choices
that fit their estate plans. To discuss your estate planning needs, call our office at 940-387-8800 or
reach out through our website to schedule a consultation.