When a person dies without a will or any form of estate plan in California, a host of important outcomes await decisions. Unfortunately, for the deceased’s family members, the legal responsibility of making said decisions rests with the courts.
People who wish to prevent familial discord and desire to provide support and comfort to their surviving family members may find a solution in designating an executor. Individuals who assume this responsibility may function as a liaison in implementing an estate plan and overseeing its success.
Finding the right person
The responsibility of executing an estate is not a job for just anyone. People must thoughtfully consider their options to select someone they fully trust, as well as someone who is in an objective position. Kiplinger suggests that people consider an executor that is fairly young and financially stable. They should also demonstrate emotional awareness, patience and have generally good mental health. Other important characteristics include the ability to make logical and realistic decisions and a clear understanding of an executor’s tasks. The last thing you want is tension and conflict in your family.
Considering the role of executor
Equally as important as selecting the right executor is the process whereby candidates decide whether or not to assume the responsibility. For such a serious task, people must respectfully request permission from the person they wish to name as an executor. According to AAG, people asked to execute an estate plan must carefully consider their decision to accept by looking at three important aspects. One other aspect of an executor’s personality is whether or not they will get along with family members and beneficiaries. These include the following:
- Their temperament and relationship to the person and his or her family members.
- The amount of time they have available to conduct important responsibilities.
- Their skillset and the availability of resources to aid in overseeing an estate.
People who spend adequate time analyzing how their decision will impact their life may make a better choice in the long-run. When an executor is confident and comfortable with his or her responsibilities, their effort will provide a successful outcome. Your decision to think carefully about who you name as an executor right now, could be the only reason your surviving family members have a successful outcome later on.
