Four Considerations to Help You Choose the Executor of Your Will in Florida
A will is a foundational estate planning document. As part of will, you must name an executor. Broadly defined, an executor is a person (or institution) appointed in order to carry out the terms of their will. You need to select the right executor. Here, our St. Petersburg estate planning attorney discusses four of the most important considerations for helping you choose an executor in Florida.
- You Need an Executor Who Satisfies Florida Legal Requirements
Under Florida law (Florida Statutes § 733.304), your executor—also sometimes referred to as a “personal representative”—must be either a state resident or a close relative. To be clear, a close relative can include a spouse, sibling, parent, or child—even if they live out of state.
Note: The court will not appoint someone who is a convicted felon or mentally incapacitated.
- You Need an Executor Who is Trustworthy and Responsible
Finding a person who meets the minimum mandatory requirements to serve as an estate executor in Florida is not sufficient. You need a person who is trustworthy and responsible. Indeed, you should select a person who is reliable, detail-oriented, and who has the ability to handle the job. Remember, your executor will manage your estate, pay your debts, and distribute your assets. They must follow your will exactly and stay organized. You need someone who can handle financial records and meet deadlines. Pick a person who will stay calm under pressure and follow through.
- You Need an Executor Who Can Handle Conflict (There is Always a Risk)
With a properly established estate plan, the risk of conflict is dramatically reduced. However, even if you do everything the right way, there is always the risk of a dispute. With that in mind, you need an executor who has the ability to handle conflict. Remember, family disputes can arise during probate. An executor must remain neutral and focused on your wishes. You should choose someone who can communicate clearly and defuse tension. The role of an executor in Florida requires a steady hand and even temperament. If your estate or your family situation is especially complex, you should consider naming a professional fiduciary or an attorney.
- You Need an Executor Who is Willing and Available
A person who is great for the role of executor is not the right choice unless they are willing and available. You do not want to pick a person who does not want to assume the responsibility. A key point to remember is that probate can take months or even years to complete. Your chosen person should be ready and able to commit the time and energy needed. It is smart to ask a person if they are truly willing to take on the task before naming someone in your will. You should also consider their age, health, and any personal obligations. Someone who is already overwhelmed by work, health issues, or distance may not be the best fit for the role.
Contact Our St. Petersburg Estate Planning Attorney Today
At Fisher & Wilsey, P.A., our St. Petersburg estate planning attorney has the professional experience you can trust. If you have any questions about choosing the executor for your will, please do not hesitate to contact us today for a confidential initial consultation. We provide estate planning services in St. Petersburg, Pinellas County, and throughout the wider region.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/Sections/0733.304.html
