Caring.com reports that the percentage of Americans with a will has dropped from 33% in 2022 to 24% in 2025. Unfortunately, without proper planning, your family may face unnecessary stress, delays, and legal complications when settling your estate.

One of the most crucial choices in estate planning is selecting the right person to fulfill your wishes. Understanding the role of a will and testament executor can help you make informed decisions that protect your legacy and bring peace of mind. The right executor can make a big difference in:

• Managing challenges during probate
• Guarding the assets you worked hard to accumulate
• Minimizing disagreements
• Reducing the emotional train of estate settlement
• Ensuring the process moves smoothly

Keep reading to learn how the Rhodes Law Firm, PC, team can help you make the best decisions for your estate today.

What Does a Will and Testament Executor Do?

An executor has legal duties to ensure the proper handling of an estate. Some key responsibilities include the following:

• Filing the will with the probate court
• Notifying beneficiaries about their inheritance
• Managing and protecting estate assets
• Paying off debts and taxes
• Distributing assets according to the will
• Completing legal probate steps
• Ensuring legal and financial obligations are met
• Handling disputes if they arise
• Communicating with attorneys, accountants, and other professionals

These tasks need careful attention to detail and a strong understanding of the legal process. Because the role can be complex, choose someone whose abilities you trust to handle these responsibilities.

Who Can Be an Executor?

Most people choose a reliable individual or institution to serve as an executor. Common options include:

• A qualified family member like a spouse or adult child
• A trusted friend with the right background
• An attorney or financial advisor
• A bank or trust company with estate management experience
• A professional executor who specializes in handling estates

An executor should be responsible, organized, and willing to take on the legal and financial tasks required to settle an estate. It is also essential to appoint someone who can handle family dynamics and any potential conflicts that may arise.

Do You Need a Will and Testament Executor?

Naming an executor is a crucial part of will planning. It ensures the following:

• Assets go to the right beneficiaries
• Legal delays and complications are reduced
• Debts and taxes are handled properly
• Family disputes over assets are prevented
• Control over the distribution of the estate is maintained
• The estate is protected from unnecessary expenses and fees

How to Choose the Right Executor

Selecting the right executor is an integral part of your overall estate planning. If choosing an executor is on your mind, the following is essential:

• Choose someone trustworthy
• Ensure they have enough time for the role
• Select a person with some legal/financial understanding
• They should understand your family’s unique dynamics and values
• It may be helpful to choose someone close by

A professional executor may be the best option if no suitable individual is available. If you want to appoint an attorney, evaluate the following:

• How long has the attorney been practicing in the areas of Probate, Trusts, & Estate Planning Law?
• What percentage of the attorney’s practice is devoted to Probate, Trusts, & Estate Planning Law?
• Will the attorney provide a written fee agreement?
• Does the attorney require a retainer?
• Does the attorney appear knowledgeable and interested in your situation?
• Is the attorney friendly and easy to talk to?
• Does his/her manner put you at ease or make you uncomfortable?
• Is the attorney understandable and able to explain the law clearly?

Can You Have Multiple Executors?

Yes, you can appoint multiple executors. If you do decide to take this route, consider these key points:

• Multiple executors can divide responsibilities to ease the burden on one person
• Co-executors must agree on financial and legal decisions
• Naming too many executors can slow down the probate process

If you name multiple executors, consider choosing one as the primary decision-maker and another as a backup.

How to Make the Executor’s Job Easier

An executor’s role can be complex, but proper preparation can make it easier. Here are a few crucial things to remember:

• Keep financial records organized
• Keep an updated list of all assets and debts
• Keep essential documents in a safe yet accessible place
• Provide clear instructions in the will
• Communicate with beneficiaries in advance
• Seek legal and financial guidance to simplify the process
• Consider creating a trust to manage certain assets outside of probate

By taking these steps, you can reduce the burden on your executor and ensure a smoother estate transition.

Common Challenges Executors Face

Executors often face challenges that can complicate estate management. Some common issues may include:

• Clashes over asset allocation
• Complex financial or tax matters
• Delays in probate court proceedings
• Difficulty locating assets or debts
• Legal obligations requiring professional guidance
• Emotional stress from handling a loved one’s estate
• Managing digital assets (emails, online accounts, etc.)

How to Update Your Executor Choice

It is essential to review and update your executor selection periodically. Changes in marriage, divorce, or financial circumstances may affect your choice. Here’s how to update your executor when needed:

• Revise your will to reflect your new choice
• Notify the previous executor of the change
• Ensure the new executor is willing to accept the role
• Consult an attorney to ensure changes are legally binding

Keeping your executor selection up to date ensures estate management according to your wishes and instructions.

The Importance of a Will and Testament Executor

A will and testament executor is critical in administering the estate after death. Choosing the right person ensures smooth asset distribution and can help avoid probate issues. Taking the correct steps now can make a significant difference in the future.

For over 40 years, Rhodes Law Firm, PC, has provided expert guidance in estate planning, elder care law, and asset protection, helping families secure their financial future. Our extensive knowledge of probate, trusts, taxes, and Medicaid allows us to guide you through every step confidently. Contact us today to create a plan that protects your assets and honors your wishes.