When you sit down to create a will, one of the most important decisions you’ll make has nothing to do with who gets what. It’s about who will be in charge of making sure your wishes actually happen. That person is called an executor, and choosing the right one matters more than many people realize.
We talk with Georgia families about this decision all the time at our firm, and we understand it can feel overwhelming. You might be wondering if you should ask your oldest child, your spouse, your best friend, or maybe even a professional. Let’s walk through what an executor actually does and how to choose someone who’s truly right for the job.
What Does an Executor Actually Do?
Before you can choose the right person, it helps to understand what you’re asking them to do. An executor (sometimes called a personal representative in Georgia) is the person responsible for wrapping up your affairs after you pass away. Think of them as the manager of your estate.
Their responsibilities typically include:
Locating and filing your will with the probate court in the Georgia county where you lived. This officially starts the legal process.
Notifying people and institutions about your passing, including banks, insurance companies, government agencies, and creditors.
Taking inventory of what you owned and protecting those assets until they can be distributed. This might mean maintaining insurance on your home, keeping up with bills, or securing valuable items.
Paying your final debts and taxes from your estate’s funds. This includes everything from credit cards to your final income tax return.
Distributing what remains to your beneficiaries according to your will’s instructions.
This process typically takes several months to a year in Georgia, sometimes longer for complex estates. It requires paperwork, patience, and good communication skills.
Qualities That Make a Good Executor
Now that you know what the job involves, let’s talk about what kind of person handles it well. The best executor isn’t necessarily your favorite person or even the one who loves you most. It’s the person best equipped to handle the practical responsibilities.
Organized and Detail-Oriented
Serving as executor involves tracking deadlines, keeping records, and managing multiple tasks at once. Someone who loses important papers or forgets to return phone calls will struggle with this role. Look for the family member who always remembers birthdays, keeps their finances in order, and follows through on commitments.
Trustworthy and Honest
Your executor will have access to your financial accounts and valuable possessions. They’ll be making decisions when no one is looking over their shoulder. You need someone whose integrity you trust completely, someone who will do the right thing even when it’s inconvenient.
Good at Communication
Executors spend a lot of time communicating with beneficiaries, lawyers, financial institutions, and courts. Someone who avoids difficult conversations or disappears during family conflicts probably isn’t your best choice. The ideal executor can deliver news clearly, answer questions patiently, and keep everyone informed without drama.
Emotionally Capable
Here’s something people don’t always consider: your executor will be grieving too. They’ll need to handle paperwork and make decisions while dealing with the loss of someone they cared about. Choose someone who can function through difficult emotions and won’t be paralyzed by grief.
Geographically Practical
While Georgia law doesn’t require your executor to live in the state, having someone nearby makes the process much easier. They may need to visit the probate court, access your home, meet with professionals, and handle physical paperwork. A family member across the country can still serve, but they’ll face extra challenges and expenses.
Common Choices and What to Consider
Your Spouse
Many married couples name each other as executors, which often makes sense. Your spouse likely knows your finances, shares your values, and has a vested interest in handling things properly. Just remember to name a backup executor in case you pass away together or close in time.
Your Adult Children
Adult children are another popular choice. If you have several children, you might wonder whether to name one or all of them. While naming multiple children as co-executors might seem fair, it can create complications. Every decision requires agreement, which can slow things down or create conflict. Often, naming one child as executor with others named as alternates works more smoothly.
Other Family Members or Friends
Sometimes a sibling, niece, nephew, or close friend is your best option. Maybe they have relevant professional experience, or maybe they’re simply the most capable person you know. Don’t feel obligated to choose family if someone else is better suited for the role.
Professional Executors
Banks, trust companies, and attorneys can serve as executors. This option makes sense for very large or complex estates, when family conflict is likely, or when no suitable individual is available. Professional executors charge fees, typically a percentage of the estate, but they bring expertise and neutrality.
Georgia-Specific Requirements
Georgia law does have some rules about who can serve as executor. The person must be at least 18 years old and of sound mind. Georgia also allows out-of-state executors, but there may be additional requirements like appointing an in-state agent for legal notices.
If someone has been convicted of a felony, they may face challenges serving as executor, though it doesn’t automatically disqualify them. The probate court has discretion in these situations.
Having the Conversation
Once you’ve identified the right person, talk to them before putting their name in your will. Being named executor is a significant responsibility, and the person deserves the chance to accept or decline. They might have concerns you haven’t considered, or they might be honored and ready to help.
When you have this conversation, be honest about what’s involved. Share the general scope of your estate and any potential complications, like family members who might be difficult or assets that require special handling. The more prepared your executor is, the better they’ll be able to serve.
Don’t Forget the Backup
Always name at least one alternate executor. Life circumstances change, and the person you choose today might not be available or willing when the time comes. They could face their own health challenges, move far away, or simply decide the responsibility is too much. Having a backup named in your will prevents complications and delays.
You Can Always Make Changes
Choosing an executor isn’t a permanent decision carved in stone. As your life changes, your choice might change too. Children grow up and become more responsible. Relationships shift. People move. Review your executor choice every few years or whenever major life changes happen, and update your will if needed.
At Jabbour Law Firm, we help Georgia families think through these important decisions every day. Choosing an executor is just one piece of a thoughtful estate plan, but it’s a piece that deserves careful consideration. If you have questions about executors or any other aspect of planning for your family’s future, we’re here to help you think it through.