Choosing someone to take control of your estate upon your death requires thought and, most times, communication. You want to choose someone who will honor your wishes, but does this mean you have to convey them beforehand?
Florida probate code demands that personal representatives or executors perform various duties before disbursing your estate. With this in mind, consider these elements when choosing someone.
Will they have the time?
Probate takes time to go through. The court requires appearances and filings even if you do not have a complicated estate. Your executor will also have to perform tasks outside of court, such as compiling your bills and assets, paying creditors and disposing of your property. Choosing someone who may not have the time can make the probate process move that much slower.
Will they remain clear-headed?
You do not want to choose an executor who may become too involved in emotions following your death. While it is a sad time for those left behind, an executor will need to look at your wishes and the estate objectively. Plus, if someone in your family is not happy about what you did or did not do in your will, the executor will have to deal with it. You want someone who stays out of the drama as much as possible so the process does not get hung up on it.
You can choose anyone over 18 as your executor, including an unrelated professional. If you want to keep the court process out of your family’s hands during an emotional time, consider hiring someone to do it.
