Writing a Will in California: Who Should Be Named as Executor?

Writing a will in California

Writing a will in California is one of the components involved in creating an estate plan. However, it is important to note that writing a will in California won’t necessarily help your family avoid the probate process. What it can do, however, is make the process a little bit faster and less expensive since you’ve explained how you want your assets distributed.

When writing a will, there’s one question that always comes up. Who should be named as executor or administrator? In this post, we’re going to tell you some of things you should consider when choosing an executor or administrator.

Location, Location, Location

Generally, location is thought of as a term that helps sell real estate, but it’s also important during the probate process. Technically, your named executor can live anywhere. However, if they don’t live in the same city (or within a reasonable distance) as you, it could make the entire process more difficult and expensive. After all, the purpose of naming someone as an executor is to have someone you trust handle your final affairs. This is easier if they are near.

Trustworthiness

You should choose an executor or administrator who is trustworthy. This person will have to answer to the court for how your assets and finances are handled after your death. If the person you choose isn’t trustworthy, your heirs could be financially injured. Choose someone who is trustworthy and who will not delay in distributing assets, lie to the court about the value of the assets, and who will pay creditors and heirs as they should. If you have money in a trust that will be invested, your executor or administrator should be able to fulfill their role as a fiduciary.

They Know How to Be Cordial

Death often brings out the worst in people. Even people who normally have a pleasant disposition may display behavior that usually isn’t how they act. People who usually get along may begin to fight. When writing a will in California, choose an executor or administrator who will do their best to be cordial and keep the peace. It’s not always an easy task, but remaining calm and trying to keep the peace can help ensure that the probate process goes smoothly.

Consider Using a Professional as Executor

Sometimes, it seems like no matter who you name as executor, someone will be upset about it. If you’re afraid that naming who you want will cause a serious rift in your family, consider using a professional as an executor. If you have an estates lawyer helping you with your estate planning, talk to your attorney about the possibility of them being named when you are writing your will. Although it may come with a price tag attached, you will have peace of mind that you have an objective party handling your affairs and taking the stress off of your family.

Leave a Reply

Your email address will not be published. Required fields are marked *