Who Should I Choose As The Executor For My Will In Massachusetts?

As part of writing your will, you should select an executor, which is now called a Personal Representative under Massachusetts Law. A Personal Representative  is the party who is charged with ensuring that the instructions within your Last Will and Testament are followed. You may be wondering: Who should I pick as my PR? The answer depends on a number of factors, for example, family dynamics, age and health of potential agents,  organizational skills of potential agents and alternates. At Fisher Law LLC, we provide proactive estate planning support. Here, our Boston estate planning attorney provides an overview of key things to keep in mind when selecting a Personal Representative for your Will.

Know the Role of the Executor 

Figuring out who should serve as the Personal Representative should be a thoughtful decision and based upon who is best suited or has the most appropriate skill set in your family or extended circle of loved ones to perform the duties associated with probating an estate and winding up your affairs.    Generally, the tasks associated with probating an estate are as follows:

• Submitting your Will to the court and opening the probate matter;
• Gathering and valuing all of the assets covered by your estate;
• Notify creditors and beneficiaries of the start of the probate process;
• Paying debts, taxes, and resolving any valid claims against the estate; and
• Distributing the remaining assets to those beneficiaries named in the Will in accordance with the document’s provisions. 

Key Traits to Look for in an Executor 

You can choose any competent person to act as the executor for your Will. It can be your spouse, another family member, a close friend, or a qualified professional. Who is the best option to be the executor of your estate in Massachusetts? It depends on your specific circumstances. Some of the key traits to look for in an executor include:

• Trustworthiness: Trust is absolutely essential when choosing a Personal Representative. Ultimately, the person who you choose will have access to your financial accounts, personal property, and sensitive information. You need someone who will act ethically and faithfully carry out the instructions in your Will. Make sure you pick an individualr who you can rely on.
• Willingness: Never pick an PR who does not want to take on the responsibility. It is one of the biggest mistakes that you can make. Everyone likes to be tapped for the position, but not everyone can do the job or will want to perform in this position, given the amount of time commitment involved.     An unwilling PR might lead to delays or complications in settling your estate.  For example, the person named in the Will as PR has three (3) years to open a probate.  In the event that a probate is opened later than three years,  there is only one type of probate available, which is called a Late and Limited probate.   Unlike a Formal or Informal probate opened within three (3) from the decedent’s death where the PR can take legal title to assets and can sell, for example, real property and then distribute the cash proceeds, in a Late and Limited probate, the PR does not take title to the assets, as title has vested in the beneficiaries, and depending upon the number of beneficiaries, and how likely they are to agree on a sale and sale price,  inefficiencies occur.
• Ability: The ability to manage the duties of a PR effectively is another key consideration. While legal or financial expertise is not mandatory, organizational skills, attention to detail, and good judgment. 

Consult With Our Boston, MA Estate Planning Lawyer Today

At Fisher Law LLC, our Boston estate planning attorney’s focus has always been to  go above and beyond to help clients find the best solution for their family and goals. If you have any questions about how to pick the right PR for your Will and are ready to design the other aspects of your estate plan, call  us today for a confidential consultation. Our firm provides estate planning support to clients in the Greater Boston area and throughout the Commonwealth of Massachusetts.