Your Personal Representative, also known as the Executor of your estate, is the individual who is responsible for your estate after you pass away. Executor responsibilities usually include closing the deceased person’s bank accounts, paying any final bills, and distributing the assets of estate to next of kin or the beneficiaries named in the will. Being an executor is a job that the individual you name will need to do – a job that can sometimes take a long time and possibly involve disputes between family members. It’s not always easy taking care of people’s debts and assets, especially when your executor may also be in the process of grieving as well.

Your executor is responsible for identifying assets, debts that need to be paid, as well as taking care of any tax liabilities or other federal or state responsibilities. Because of this, you should consider how organized and responsible the person you choose is. It may seem the fairest thing to do to select the person closes to you to handle your estate, but it may not be the wisest, if they are unorganized or do not handle responsibility well. You don’t have to be an attorney, accountant or a financial planner to be an executor. You just have to be responsible enough to hire the right people to help you.

Some wills can require that the executor be bonded to act as executor. “Bonding” is a form of insurance many courts may require, which serves the purpose of paying beneficiaries if an executor mishandles funds. People with many creditors and liens against them, individuals with no credit history and those who have declared bankruptcy may have difficulty being bonded. However in Washington State if you make a will you can elect for you executor not to be bonded if you feel they could do the job without the additional insurance for your heirs.   There are some people who simply legally cannot act as executors. These individuals are disqualified under the law if they are minors, of unsound mind, or have been a convicted felon or fraud.

However, it’s not just about handling the mechanics, they also have to be able to handle communicating with the rest of your family, or at least those named in your will, often about sensitive subjects. If you select someone who does not get along with others or has someone who would fight them every step who is also a beneficiary of the will consider selecting someone who can more easily work with others or include a no contest clause in your will to deter conflict.

Age is also a factor to consider. If your executor dies before you, or within a short amount of time after you without completing your probate the process can be complicated. You can always elect to change your will later if you do not have anyone young you fee could fill the bill but consider having a second or third back up who you think will grow in to the position.

The physical residence or location of your executor need not be a limiting factor, if your chosen representative is otherwise well qualified to do this job on your behalf. Our office has handled estates where executors have been in other states and even other countries. As long as the executor is willing to work with a local probate attorney, and possible make one or two trips to deal with any real estate or delegate those other on site tasks distance does not provide a barrier in this age of technology.

If you have questions about naming the right executor, or any other questions about estate planning or your last will, feel free to contact Limitless Law PLLC at 360-685-0145 or via our website to learn more about your legal rights and options.