Key Takeaways

• An executor plays a central fiduciary role in administering an estate and carrying out the testator’s wishes.
• Selecting the wrong executor can lead to asset mismanagement, family disputes, and prolonged probate.
• Executors may be family members, trusted individuals, or professional entities such as trust companies.
• Professional executors offer neutrality, accountability, and technical expertise for complex estates.
• Discussing the role in advance and naming an alternate executor reduces the risk of court intervention.

John Mickelson is a wealth manager and founding partner of Wealth Advocates, LLC, based in Logan, Utah, where he has spent more than three decades advising clients on retirement, business, and estate planning. As a Chartered Financial Consultant and Advanced Estate Planner, John Mickelson works closely with retirees and small business owners to help them coordinate investment, insurance, and legacy strategies tailored to their long-term goals. His professional background includes leadership roles with the Cache Association of Insurance and Financial Professionals and the Estate Planning Council of Northern Utah, reflecting sustained engagement with estate planning best practices.

Educated in international finance at Brigham Young University and holding a master’s degree from The American College of Financial Services, John Mickelson brings both technical expertise and practical insight to topics such as executor selection, fiduciary responsibility, and estate administration, which are central to ensuring that a client’s final wishes are carried out effectively and with minimal conflict.

Choosing the Right Executor for Your Estate

It’s not enough to have a valid will; you also need to pick a suitable executor. An executor is a testator’s (will author) personal representative who acts on their behalf when they’re dead or incapacitated. A good executor carries out your wishes to the letter.

An executor handles all the legal responsibilities involved in settling your estate, from overseeing the probate process to distributing your assets and closing your estate. Executors also identify and manage assets and liabilities, oversee valuation, and resolve disputes. They are the link between the court and all parties to your estate.

The wrong executor will also mismanage your assets and prioritize their interests over yours. He or she will also invite disputes, subjecting your estate to unnecessary and costly probate, where a court oversees the administration of your estate. Meanwhile, replacing an executor is a lengthy and expensive process.

A telltale sign of an unsuitable executor is if they’re not interested in discussing the matter with you. Avoid disagreeable individuals, those who don’t get along with your family, and those with a reputation for lying or engaging in illegal maneuvers. Someone who is too busy may lack the bandwidth to execute your estate.

An executor can be a relative or an outsider. An external executor can be a trust company. The individual must be 18 years or older. Most people prefer to pick a trusted friend or relative to serve as an executor. Professional executors are ideal for large or complex estates, or if you prefer not to appoint a family member. The public executor route is also another viable alternative. Public executors are typically court-appointed.

A friend or family member likely understands your affairs and would take personal interest in the administration of your estate. However, there’s a strong case to be made for appointing a professional. A professional is unlikely to resign or refuse to serve, plus it’s easier to hold them accountable, unlike a family member. External executors also tend to be impartial. Additionally, trust companies have tax, legal, and financial experts.

Estate execution can be demanding and time-consuming. It requires legal and financial expertise, as well as people skills, such as dispute resolution. Therefore, beyond trust, consider also your executor’s qualifications. Some states require that only people living in the same state where the administration is taking place serve as executors, and others bar people with criminal histories.

In most cases, executors only learn they’ve been appointed executors after the death of the executor. Consequently, they may refuse to serve. Before appointing someone as an executor, discuss it with him or her. Also, designate an alternate executor. He or she would take over if the primary executor, for any reason, can’t serve.

Failure to designate an alternate executor means a court-appointed one will take over, a lengthy and legally complicated process. This underscores the importance of a trust company. It offers certainty and gives your loved ones a choice through a diverse pool of professionals to pick from.

Another advantage of appointing a family member is that they can serve free of charge. Even so, you want to arrange for your executor to be paid for two reasons. One, because it’s a right, they can petition the court for executor fees. Two, you set a maximum limit on how much they may pay themselves.

As a fiduciary – an individual or entity acting on behalf of a testator and their estate – an executor is legally responsible for acting in the testator’s and their estate’s best interests. That duty extends beyond honesty. It also entails peacemaking and going above and beyond for not just beneficiaries but also for the estate. A wrong executor complicates already complex estate administration.

FAQ

What does an executor do?

An executor is responsible for administering an estate after the testator’s death or incapacity. Their duties include overseeing probate, managing and valuing assets, settling liabilities, resolving disputes, and distributing assets according to the will.

Who can serve as an executor?

An executor can be a trusted family member, friend, or a professional such as a trust company. Most states require executors to be at least 18 years old, and some impose residency or background restrictions.

What are the risks of choosing the wrong executor?

An unsuitable executor may mismanage assets, create conflicts among beneficiaries, or prioritize personal interests. Replacing an executor can be time-consuming, expensive, and may require court involvement.

When should a professional executor be considered?

Professional executors are often appropriate for large or complex estates, blended families, or situations where neutrality is critical. They bring legal, tax, and financial expertise and are generally easier to hold accountable.

Why is it important to name an alternate executor?

If a primary executor declines or is unable to serve, an alternate ensures continuity in estate administration. Without one, a court may appoint a public executor, adding delays, costs, and complexity.

Is an executor required to be paid?

Executors are entitled to reasonable compensation and may petition the court for fees. Setting compensation terms in advance helps manage expectations and limits disputes over payment.

About John Mickelson

John Mickelson is a Logan, Utah-based wealth manager and founding partner of Wealth Advocates, LLC, with more than 30 years of experience in retirement and estate planning. A Chartered Financial Consultant and fellow of the Life Underwriter Training Council, he advises clients on investment, insurance, and legacy strategies. He has held leadership roles in regional professional associations and earned advanced financial services education from The American College.