In Pennsylvania, an executor is responsible for the administration of an estate during the probate process. You should use your will to name an executor for your estate. It is crucial that you pick the right person for the position. Here, our Mechanicsburg estate planning lawyer provides an overview of the key considerations for choosing the right executor in Pennsylvania
Your Guide to Choosing an Executor for Your Estate in Pennsylvania
- Know the Role of the Executor in Pennsylvania
Under Commonwealth law, the executor of an estate has a fiduciary duty to administer the estate in the interest of the decedent and their heirs (Pennsylvania Probate, Estates and Fiduciaries Code (20 Pa. C.S. § 3311 et seq.). Along with other things, their responsibility includes gathering and valuing all estate assets, paying debts and taxes, and distributing property to beneficiaries as directed by the will. The executor must also file required documents with the Register of Wills and submit periodic reports to the Orphans’ Court when necessary. The failure to handle their duties properly could potentially result in an executor facing personal liability.
- Select a Person Who is Trustworthy and Knowledgeable
It is important to remember that your executor is a person who will have significant control over the management of your estate when you pass away. For that reason, you need an executor who is trustworthy and knowledgeable. To start, trustworthiness is non-negotiable. Your executor should act in good faith, handle sensitive information properly, and communicate clearly with heirs. Experience also matters. An executor with basic financial literacy and organizational skills will be far better equipped to manage estate assets and paperwork. How knowledgeable do they need to be? It depends on your estate. If you have a complex estate, the best option is probably a professional. For a simple, straightforward estate, a trusted family member may be a good option.
- Make Sure Your Executor Wants the Responsibility
It does not matter how qualified they are in the abstract, you do not want to pick an executor who does not want the position. Remember, in Pennsylvania, serving as an executor is not an honorary title. It involves real work. There are important deadlines. Before naming anyone in your will, have a direct conversation about what the role entails. Among other things, it is generally best to explain that they will be responsible for handling debts, communicating with beneficiaries, and possibly appearing in court. If the person feels unsure, you should generally choose someone else.
Note: You can also name co-executors or an alternate executor in case your first choice cannot serve.
Contact Our Mechanicsburg Estate Planning Lawyer Today
At Keystone Elder Law P.C., our Mechanicsburg estate planning attorney has the experience you can trust. If you have any questions about how to choose the right executor for your estate, we can help. Call us at 717-697-3223 or contact us online for a fully confidential consultation. With an office in Mechanicsburg, our team handles estate planning and probate law issues across the whole region.