The aftermath of the death of a loved one is an emotionally challenging time. In addition to working through your grief and sadness, you must handle the practical matters that come along with a death.
Settling your loved one’s estate is one of these tasks. One step in this process is choosing an executor. Ideally, your loved one left behind a will appointing someone as an executor.
The role and duties of an executor
An executor is someone in charge of managing the administration of the estate. Their tasks include paying off any estate debts, distributing property to heirs, filing a final tax return and taking care of any other administrative tasks associated with closing out the estate.
If your loved one passes away without a will, or the person named in the will is no longer available, an executor needs to be appointed. An executor is typically a trusted family member or friend who is willing to take on the executor’s responsibilities.
But what if no one is available or wants to step up and serve as executor? This happens more often than you may believe, even when people pass away leaving many friends and loved ones behind.
Reasons why people are reluctant to serve as an executor
Serving as an executor requires a significant amount of time and is a major responsibility. The estate administration process is complex, especially if there are a lot of assets, debts and legal matters to handle.
People might not want this responsibility if they do not believe they have the time and resources or are afraid of legal liability if they make a mistake. Sometimes people are simply not emotionally ready to handle the estate administration process and would prefer to focus on their grief and healing.
Although learning that no one wants to be the executor can be disheartening and add to your stress, you have several options available to you.
Consider appointing co-executors
Ohio law allows multiple people to serve as co-executors. This allows the duties to be split up and shared between people so one person is not left with the burden of managing the responsibilities on their own.
If you choose to use co-executors, clear communication, trust and the ability to work together are crucial. Without these, using co-executors could cause many complications and lead to family disputes.
Select a professional executor
Attorneys and bank executives are examples of professional executors. Using the services of a professional relieves your family and loved ones from responsibility and assures everyone that the process is in good hands.
Before you decide on either of these options, discuss the topic again with potential executors. People might say no to being an executor immediately following the death but may change their mind after time has passed and they are better able to focus on the role.
However, remember that this is a delicate conversation. Approach potential executors with empathy and understanding, remembering that your goal is to find a solution that works best for everyone.
