How to choose the right executor for your Jacksonville estate

Choosing the right executor for your estate is one of the most important decisions you’ll make in your estate planning process. Your executor, also known as a personal representative in Florida, will be responsible for ensuring your final wishes are carried out, managing your assets, and settling any debts or obligations after your passing. The role requires trustworthiness, financial acumen, and a willingness to take on significant responsibilities.

What is the Role of an Executor in Estate Planning?

To better understand the role of an executor, check out our video, What is the Role of an Executor in Estate Planning? In it, estate planning attorney Bill O’Leary breaks down the key duties an executor must handle and what you should consider when choosing the right person for this critical role.

Who Should You Choose as Your Executor?

Many people first consider their spouse, adult child, or sibling for the role of executor. If those options are not available or ideal, a close friend, niece, nephew, or another responsible family member may be a good alternative. It’s crucial to select someone who is:

Trustworthy – Your executor will be handling financial matters, so honesty and integrity are essential.
Financially Responsible – An executor should be able to manage finances wisely, keep records, and ensure bills and taxes are paid on time.
Capable of Handling the Workload – Managing an estate can take months or even years, so your executor should have the time and energy to dedicate to the role.

If no suitable family member or friend is available, you may consider hiring a professional, such as an attorney or a trust company, to serve as your executor.

What Are the Duties of an Executor?

Being an executor is an honor, but it is also a significant responsibility. The role includes overseeing the steps of estate administration to ensure that the estate is managed and closed properly.

1. Locating and Filing the Will

The executor must find the deceased person’s Last Will and Testament and submit it to the probate court. This step is required even if probate is not necessary.

2. Notifying Relevant Parties

The executor is responsible for notifying financial institutions, the Social Security Administration, and Florida Highway Safety and Motor Vehicles about the person’s passing. They must also inform banks, credit card companies, insurance providers, and other relevant entities.

3. Managing Estate Assets

This includes securing and maintaining the deceased person’s home and personal property. If a house needs to be sold, the executor is in charge of handling the sale. Read more in our article, What Happens to My Parents’ House After They Die?

4. Identifying and Paying Debts

The executor must locate and notify creditors, pay outstanding bills, and settle any estate taxes. Florida law requires that both known, reasonably ascertainable, and unknown creditors be given a chance to make claims against the estate.

5. Distributing Assets to Beneficiaries

Once all debts, expenses, and taxes have been paid, the executor distributes the remaining assets according to the will.

6. Closing the Estate

To finalize the process, the executor must file necessary paperwork with the court and request a formal discharge, ensuring they are no longer legally responsible for the estate.

When Should You Choose an Executor?

Naming an executor is just as important as creating an estate plan. If you don’t appoint one, the court will choose someone to manage your estate, and it may not be the person you would have selected. Without a will, Florida state law will determine who will be the executor and who will receive your assets.

What Happens if an Executor Fails in Their Role?

Most of the time, an executor completes their duties without issue. However, if they fail to fulfill their responsibilities or act against the decedent’s wishes, the court can remove them and appoint a replacement. It’s crucial to select someone who will carry out their duties responsibly. Read more in our article, Should I Use a Bank as My Executor Instead of a Family Member?

Need Help Choosing the Right Executor?

Selecting an executor is a decision that shouldn’t be taken lightly. At Legacy Planning Law Group in Jacksonville, we can guide you through the process of choosing the best person for the job and ensure your estate plan is set up for success. Schedule a discovery call with Team Legacy to get started.

Reference: Cleveland Jewish News (Feb. 3, 2025) “The right executor is key to honoring your wishes”