When we work with clients on their estate plans, one of the most important discussions we have is about choosing the right executor. For those planning for the future in our Roseville, CA estate planning lawyer can help clarify what this role involves and why it matters. An executor takes on critical responsibilities that directly impact how a person’s wishes are carried out after they pass. This isn’t just about paperwork — it involves time, decision-making, and accountability.
What An Executor Does
The executor is responsible for managing the estate after someone passes away. This includes collecting assets, paying off debts, filing necessary tax returns, and distributing property according to the will. In many ways, the executor is the person who keeps the process moving forward and makes sure that everything is handled in a timely and lawful manner.
The first step for an executor is typically to locate the will and file it with the probate court. Probate is the legal process through which a will is validated. While some estates may be small enough to avoid formal probate, many still require some court involvement. Executors must also notify beneficiaries and possibly publish a notice to creditors.
Legal And Financial Responsibilities
Being named as an executor comes with real obligations. Executors often need to open a separate bank account for the estate, track every financial transaction, and keep detailed records. They might need to work with accountants or appraisers to determine the value of assets. They must also handle final bills, including funeral expenses, utility bills, and any taxes owed by the estate.
It’s important to note that executors have a legal duty to act in the best interest of the estate and its beneficiaries. This is called a fiduciary duty. If they make mistakes, intentionally or not, they can be held personally liable. That’s why we always encourage our clients to think carefully about who they choose. It’s not just a title — it’s a job with real impact.
Time Commitment And Decision-Making
Many people underestimate the amount of time it takes to act as an executor. Depending on the size and complexity of the estate, this role can last several months or even over a year. There may be unexpected delays, such as missing documents or disputes among beneficiaries. Executors must be organized, detail-oriented, and ready to make decisions — sometimes quickly.
They also need to be fair and transparent in their communication. If there are several heirs, an executor should avoid favoritism and keep everyone informed. Conflict can sometimes arise, and having someone with a calm, rational approach helps reduce unnecessary stress during what is already a difficult time.
Choosing The Right Person
We often advise clients to think about whether their chosen executor has the time, skill, and temperament for the job. While it’s common to name a spouse or adult child, that’s not always the best choice for every situation. Some people decide to name a trusted friend, relative, or even a professional fiduciary. The most important thing is that the person is capable, responsible, and willing to serve.
It’s also smart to name an alternate executor in case the first choice can’t or won’t take on the role. We recommend discussing this with the person ahead of time, so there are no surprises later.
We Can Help You Make Informed Choices
At Yee Law Group Inc., we’ve worked with many families and individuals to create practical, legally sound estate plans. Our founding attorney, Michael Yee, was previously with one of Sacramento’s oldest and most respected real estate law firms. He’s been recognized by Sacramento Magazine as a Top Lawyer in 2020, 2021, and 2022, and received Avvo’s Clients’ Choice Award for four consecutive years — from 2019 through 2022.
If you’re preparing your estate plan or updating an older one, now is the time to make sure you have the right executor in place. We’re here to help guide you through the process and give you the tools to make informed, thoughtful decisions for your future. Contact us today to schedule a consultation with our trusted estate planning attorney at Yee Law Group Inc.