Can A Will Require A Person To Be An Executor Of An Estate?

One of the things a person can include in their Will are their wishes as to who will be the executor of their estate when they pass away. The executor of a person's estate may play a variety of very impactful roles, so choosing carefully can be very important when naming an executor in one's Will. There are many things it can be important to consider when making an executor selection in one's Will.

One of these is whether the person one is considering consents to being the executor. While a Will can include an individual's choice as to who they want to be the executor, a Will cannot require the named person to accept the role. Individuals that a Will names as an executor are allowed to turn down the role if they do not want it.

Thus, one thing a person may want to consider when making a decision regarding who to name as an executor in their Will is talking with the individuals they are considering selecting about how they feel about the idea of potentially serving as executor.

Another thing a person may want to look into is naming alternates for the role of executor in their Will, in case their first choice does end up turning down the role.

All the different potential terms of a Will, including terms regarding executor selection, may have their own particular considerations and potential implications connected to them. Thus, individuals who want to form a Will should think about speaking with an experienced estate planning attorney. Such attorneys can help individuals make informed decisions when it comes to the various different aspects of a Will.

Source: FindLaw, "Will Executor Duties FAQ," Accessed Nov. 3, 2014

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