Blog

Choosing an executor for your estate is one of the most important choices you will make in estate planning. An estate lawyer in Austin can guide you in making this choice so that you can have confidence your estate will be managed exactly according to your wishes.

From an Estate Lawyer in Austin: Choosing an Executor

Ensure They Are Legally Permitted to Serve

The first and most basic step is ensuring that any executor will be accepted by the state of Texas as a valid executor of your estate. An attorney with experience here in the Austin area will be able to tell you exactly what the courts will accept and what they’re looking for, but in general, the person must be at least 18 years old and of sound mind (in other words, they cannot be mentally incapacitated in any way).

Here in Texas, an executor normally cannot have felony convictions in their past unless they have been pardoned or had their civil rights restored. There is an exception here, however. The court can approve your choice of executor, even if they have a felony conviction in their past, so long as they are otherwise qualified, and you can make a good case to the court that they should be your executor. Talk to your attorney to learn more here.

Texas also does not allow potential executors to serve if they are believed to be “unsuitable.” Your attorney can help you understand if a person you would like to serve as your executor may be deemed unsuitable by the court. Also, the courts do not accept potential executors who may have a conflict of interest in the case. You can choose a corporation rather than an individual to be your executor, but that corporation must be authorized as a fiduciary in the state of Texas.

Finally, Texas does have some restrictions on executors who don’t live in our state. It’s always smart to talk to your lawyer about whether your out of state executor is really a good idea or not and will be accepted by the court.

Make Sure They Are Willing and Able to Serve

Once you have determined that someone is legally permitted to act as an executor, the next important question is to ask yourself whether they have the time to deal with your estate and whether they would be willing to do so. Acting as an executor is an extremely time-consuming job. Bills must be paid, insurance companies, hospitals, and funeral homes must be dealt with, financial accounts have to be tracked down and properly administered, and there can be many hiccups along the way. If there are challenges to the will, either from heirs or from creditors, or questions by the government about tax liabilities, all of these things can pile up on the time of your executor.

It’s important that you choose someone who has the inclination to take care of all of this and who also has the time to do so. This can be hard to do too far in advance, but it can be done. However, you must be sure to talk with a potential executor to ensure that they are willing to take on all these responsibilities and won’t feel aggrieved and burdened to be named after your death.

Consider If They Have the Right Temperament for the Job

It’s not easy to be an executor of an estate, as mentioned above. It requires an organized person who isn’t easily frustrated by red tape and paperwork. But it’s more than that. Does your potential executor have the ability to stay calm in the face of angry or belligerent heirs or creditors? Are they good at solving problems and resolving conflicts?

The higher value your estate, the more the potential there is for conflict, and your executor should be someone who knows how to stay calm, defuse tension, and yet remain fair to your wishes. If, for example, one of your heirs is being particularly difficult to work with, can you trust that your executor will still administer the estate in accordance with your wishes and not be tempted either to back down in the face of the heir or to attempt to “punish them” because they’re being difficult?

Look Into Their Own Financial Situation

Your executor will be handling an enormous number of financial details for your estate. They have to keep track of all aspects of the finances, including debts, taxes, credit cards, bank accounts, trusts, and potentially many other issues. It’s always a good idea to take a look at the financial situation of any executor you may be considering.

If they are managing their own finances well, that’s a good sign that they are competent in this regard. If they seem to be having any financial problems, this is a problem for numerous reasons. For one, it could simply indicate that they don’t have the skills needed to manage your estate well. For another, if their financial circumstances become dire, it could present a temptation to them to mismanage your estate for their own benefit.

Evaluate Their Multi-Tasking Skills

A good executor must be able to keep a lot of balls in the air at one time. How organized is this person, and are they capable of managing multiple tasks properly at the same time? Note that good organization can express itself on paper and in filing cabinets, but it is also a matter of being organized in the mind. Are they able to keep track of things, not only by writing them down, but also internally?

Consider Potential for Future Conflicts

In some cases, a person may be a perfect executor in every other respect, but choosing them would be so offensive or potentially upsetting to the rest of your family or to business partners that it’s unwise to choose them. Remember that your executor is going to have to deal with all of these people moving forward, and if there’s anything you can do to minimize the potential for conflicts, it’s always wise to do so.

Consider Their Financial and Legal Expertise

It’s not an absolute requirement that a potential executor have specific experience in either financial matters or legal ones. It is a plus, of course, but if your executor does not have this kind of experience – but is otherwise very suitable – having them work with at an estate lawyer in Austin who has the experience they need can fill in the gap so that your affairs are settled according to your wishes and the potential for problems in the management of your estate are minimized.

At Ford + Bergner, we are trusted estate planning lawyers with extensive experience in probate law here in Austin, as well as in the Dallas and Houston probate courts. We offer planning and administrative services, probate and guardianship help, fiduciary services, and have extensive experience in probate and guardianship litigation, appeals, and mediation. We have a proven track record when it comes to high assets and have served more than 6,300 clients in our 25 years of guiding Texas families through these matters. Contact Ford + Bergner LLP in Austin today to schedule a consultation.