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In one Pennsylvanian study, less than half of urban and rural adults were found to have a written will. This poses a problem for loved ones because a will is necessary for speeding up probate, avoiding disputes, and ensuring that family members are financially secure. By creating a will, you can provide a measure of protection for your loved ones.

As a part of creating a will, you must decide who will become the executor of your estate. An executor is the person legally responsible for carrying out the instructions in your will. The choice of executor can make the difference between a smooth, efficient estate administration and a stressful, drawn-out probate process. Because of this, it’s essential to work with a top-rated Pennsylvania law firm to write your will and designate an executor.

What Does an Executor Do?

An executor is someone you appoint in your will to be in charge of your estate after you pass. They have many different legal duties and responsibilities, which is why it is so important to pick someone who is responsible and trustworthy. Under Title 20, Chapter 33 of the Pennsylvania Consolidated Statutes, an executor’s duties are listed as:

• Filing the will with the Register of Wills in your county.
• Initiating probate and getting officially approved to act on behalf of your estate.
• Identifying and securing assets, such as bank accounts, real estate, and personal property.
• Paying debts and taxes, including Pennsylvania’s inheritance tax.
• Distributing assets to beneficiaries.
• Keeping accurate records of all transactions.
• Reporting transactions to the probate court when necessary.

There are many legal and financial obligations involved, which is why choosing the right executor is so important.

How To Choose the Right Executor

The first thing to look for in an executor is a trustworthy individual. On top of this requirement, you need to find an executor who’s capable of handling the legal requirements and dealing with the stress of the job. 

As you consider an executor, think about the following qualities.

• Trustworthiness: An executor is responsible for managing your finances, settling debts, and distributing assets. Because of this, it is essential to find someone who acts with integrity and honesty. 
• Financial Responsibility: Your executor doesn’t have to be a financial expert, but they’ll be expected to handle taxes, pay bills, and maintain accurate financial records. As a result, they should have basic money management skills.
• Organizational Skills: An executor will have many legal requirements, paperwork obligations, and deadlines, so they should be extremely organized. 
• Diplomacy: A neutral, diplomatic individual will have an easier time acting impartially with all of the beneficiaries and other parties involved. 
• Scheduling Availability: It can take months or years to complete the probate process and distribute assets from the will, so it’s essential to choose an executor who has the time and ability to follow through on the entire process.

Executor Requirements in Pennsylvania

Pennsylvania law requires all executors to be at least 18 years old. Under 20 Pa. Cons. Stat. § 3156, they must also be of sound mind. Unlike other states, Pennsylvania doesn’t stop people from being an executor if they have a felony. However, anyone convicted of vehicular homicide can’t serve as an executor. Additionally, you are not allowed to choose someone who is deemed incapacitated by the courts.

Often, people select a family member or trusted friend. You can also use a corporate fiduciary, like a trust company or bank. Some people also use a lawyer, accountant, or a similar professional.

Choosing an executor can be hard when you’re writing a PA will. If you need help, one of the Clause Law Group’s Pennsylvania estate and trust attorneys is only a phone call away.

Common Mistakes to Avoid When Choosing an Executor

When picking an executor for your estate, avoid making the following mistakes

• Don’t choose an executor based on age or birth order. You need the person best able to do the job.
• Don’t forget the executor’s location. It’ll be much easier if the executor is based in Pennsylvania. 
• Don’t overlook potential conflicts. If you know two people will dispute the will or argue, don’t place either of them in charge.
• Don’t forget about a backup option. If your first executor choice is not able to serve, you need a backup executor who can serve in their stead.

How a Pennsylvania Will Attorney Can Help

By partnering with a skilled legal attorney at the Clause Law Group, you can learn what it takes to choose a good executor. We can help you evaluate the executor and draft clear language naming them to the role in your PA last will and testament. Afterward, we can provide ongoing support with administering your estate.

Picking an executor is one of the most important decisions you make in your will, and it can determine whether your last wishes are fulfilled. Additionally, a good executor can help you avoid unnecessary delays and disputes. 
Find out more about choosing an executor by scheduling a consultation today.