- What does an executor do?
- An executor’s role is to file your will with the court, submit tax returns, clear probate, pay off your debts, close accounts, and make sure remaining assets are distributed as specified by your will.
- Tip: Some assets like retirement accounts & life insurance are distributed based on the beneficiary on the account, not what is designated in the will.
- Why do you need an executor of your will?
- If you die without a will, the court in your state decides what happens to your estate. You have no control as to who gets your wealth, children under 18, items, property, and other assets.
- Qualifications of an executor in Delaware
- Must be at least 18 years old.
- Be of sound mind.
- Want an out-of-state executor? Non-Delaware residents must file an irrevocable power of attorney appointing the register of wills as agents to accept the legal papers.
- How to choose an executor
- Who you can select:
- Family-ie: spouse, adult child, sibling, parent.
- Professional like an attorney, accountant, or trust company/department
- If you choose someone from your personal life, make sure they are honest and willing to carry out your wishes. Make your expectations of this role clear to them before they decide.
- Who you can select:
- Other things to consider
- Naming co-executors
- Naming a co-executor such as an attorney will help ensure that decisions are handled appropriately.
- Can help share the responsibilities of being an executor.
- Things to consider-will they get along? Are they fair?
- Contingency executor-if something happens to your executor, there is a backup.
- Executors earn a fee of 2% of the probate estate for their work.
- After major life events such as divorce, marriage, children, make sure the person you named still makes sense for you.
- Naming co-executors