Thinking about who should carry out your final wishes is not usually something people want to do, but it is one of the most important parts of creating a solid estate plan. The person you choose, known as your executor, will be responsible for managing your estate after you pass away, making sure debts are paid, and distributing your assets according to your will. Because this role comes with serious legal responsibilities, it deserves careful thought. Many people are surprised to learn how much time an executor may need to spend communicating with financial institutions, courts, and family members. Some estates are straightforward, while others are more complicated, and choosing the right person can make a noticeable difference in how smooth the process feels for your loved ones. Read this blog and reach out to a knowledgeable Buffalo estate lawyer here at Raimondo & Sundquist LLP to learn more about what to consider when choosing an executor for your estate.

Who Can Legally Serve as an Executor in New York?

Under New York law, your executor must meet certain legal requirements. Generally, an executor should be a United States citizen or a permanent resident, and must be over the age of 18. Although courts typically prefer someone who lives in the state, it is not a strict rule. When deciding who is legally permitted, keep in mind that the court can remove someone who is found to be unfit or who cannot properly handle the responsibilities. That’s why you should consider the following:

  • Are they legally eligible and mentally competent?
  • Do they live close enough to help manage tasks involving New York probate courts?
  • Are they financially responsible and trustworthy?

You may also name a professional executor, such as an attorney or trust company, especially in estates involving complex assets. This can be helpful when you do not have someone personally who is able to take on the role.

What Qualities Should I Look For When Choosing an Executor?

The person you choose should be someone you trust, but trust alone may not be enough. You should think about how responsible they are and whether they will have the time and patience required to handle estate administration. Executors often need to make important financial and legal decisions, communicate with beneficiaries, and maintain organized records. Some of the most helpful qualities may include:

  • Strong attention to detail
  • Good communication skills
  • Ability to handle conflict calmly
  • Experience managing finances
  • Patience and willingness to follow legal procedures

Choosing someone fair and neutral can reduce potential disagreements between beneficiaries. Even close families may face tension when dividing property.

Can I Name More Than One Executor?

Some people choose multiple executors, which can sometimes offer balance, but it can also make decision-making slower. New York does allow co-executors, and this may make sense when you have more than one child and want each to have equal involvement. On the other hand, having co-executors may lead to disagreements or complications when signatures, approvals, and financial decisions require coordination. Before naming more than one executor, think about:

  • Whether they can work together productively
  • Whether their schedules allow them to communicate regularly
  • Whether one person might handle the process more efficiently alone

Whichever approach you choose, having an alternate executor is important in case your first choice cannot serve.

Finally, choosing an executor is something you should review as life changes. Your relationship with someone may evolve, or they may move away, or become unable to serve. By picking someone capable and prepared, you help protect your loved ones and give yourself peace of mind.

If you have questions about executor selection or other estate planning decisions, please don’t hesitate to contact Raimondo & Sundquist LLP today.