When you’re thinking about who should handle your will, choosing the right executor makes all the difference. Picking someone trustworthy and organized helps make sure your loved ones won’t face unnecessary complications later.
According to EstateExec, it can take 16 months or approximately 570 hours to settle an estate. It is imperative that your chosen executor understands the responsibility of this role and the time commitment that it can be.
At Jarvis Law Office, we’ve helped countless families simplify this process, not only by guiding clients in selecting the right executor but also by arranging assets so they avoid probate altogether. Our clients often find peace of mind knowing their assets are safely transferred and protected.
Key Takeaways
- An executor handles your estate, pays debts, and distributes assets exactly as outlined in your will.
- Ohio has specific legal rules about who can serve as an executor, including age, residency, and criminal history.
- Ideal executors are trustworthy, organized, good communicators, and comfortable handling financial matters.
- Carefully choosing your executor and avoiding common mistakes can protect your family from stress and conflict.
What Does an Executor Do?
In Ohio, an executor is the person responsible for carrying out the wishes written in your will after you pass away.
Their main duties include filing your will with the probate court, managing your estate’s property and assets, paying off any debts or taxes owed, and distributing remaining assets to your beneficiaries exactly as you’ve specified.
Executors also communicate clearly with your family and heirs, keeping everyone informed throughout. Choosing a responsible executor is important to making sure everything moves according to plan.
Special Executor Requirements in Ohio
Ohio has state specific legal requirements for executors, including:
- Being at least 18 years old and mentally competent
- No felony convictions related to dishonesty or financial crimes
- The ability to be approved by the Ohio probate court
- Certain residency considerations.This means that while out-of-state executors are allowed, they may be required to post a financial bond.
What Personal Qualities Should Your Executor Have?
Choosing the right executor is about selecting someone with the right qualities. Here are the key personal traits your executor should ideally possess:
- Trustworthiness and Honesty
Your executor should be someone you trust completely, as they’ll handle sensitive financial and personal information. You want peace of mind knowing they’ll follow your wishes exactly and act in your family’s best interests. - Strong Organizational Skills
Executors deal with paperwork, court filings, bills, and asset management. Picking someone organized and detail-oriented helps make sure nothing important gets overlooked or delayed. - Good Communication Skills
Clear, thoughtful communication is vital. Executors regularly interact with family, beneficiaries, lawyers, and courts. Choose someone who can comfortably handle these interactions, especially during emotional times. - Availability and Accessibility
An executor’s responsibilities take time and attention. Consider someone who’s both willing and realistically able to dedicate time to managing your estate. Being geographically close also helps make things easier. - Financial Knowledge and Experience
While an executor doesn’t need to be an accountant, having someone with financial knowledge can be beneficial to avoid any mismanagement.
Should You Choose a Family Member or a Professional Executor?
Deciding between appointing a family member or hiring a professional executor depends on your personal situation. Here’s an easy-to-follow comparison to help you choose wisely:
| Consideration | Family Member Executor | Professional Executor |
| Cost | Typically low or none | Usually charges a fee or percentage |
| Emotional Objectivity | May struggle due to family relationships | Remains objective and impartial |
| Legal and Financial Skills | Often limited unless experienced | Skilled and professionally trained |
| Family Dynamics | Understands family relationships deeply | Neutral, might not grasp family nuances fully |
| Availability | Depends heavily on personal situation | Consistent and reliable |
5 Steps to Choose Your Executor
Here’s a 5-step guide to help you choose the best executor for your Ohio will:
Step 1: Make a List of Potential Executors
Start by listing everyone who comes to mind including family members, close friends, or even professionals. Consider all options at this stage.
Step 2: Evaluate Their Qualities and Availability
Think carefully about each person’s trustworthiness, organizational skills, communication ability, and financial knowledge. Also, realistically consider their availability and willingness to handle these duties.
Step 3: Confirm They Meet Ohio’s Legal Requirements
Check your potential choices against Ohio’s rules regarding age, mental capacity, criminal background, and residency to make sure they’re legally eligible to serve.
Step 4: Discuss the Responsibilities with Your Executor
Have an open, honest conversation with your top choice. Clearly explain what’s expected, answer their questions, and make sure they’re comfortable with taking on the role.
Step 5: Select a Backup Executor and Finalize Your Choice
Always name at least one backup executor in case your first choice cannot serve. After making your selections, update your will to officially reflect your decision.
5 Mistakes You Should Avoid When Choosing an Executor
Here are five common mistakes Ohio residents should avoid:
1. Not Discussing Responsibilities Clearly
Avoid surprises by openly discussing executor duties beforehand. Make sure the person fully understands and is comfortable with what’s expected.
2. Choosing Someone for Emotional Reasons Alone
Just because someone is close to you doesn’t automatically make them a good executor. Look honestly at their practical skills and availability.
3. Forgetting to Name a Backup Executor
Always have a backup choice in case your primary executor can’t or won’t serve. It prevents confusion and delays.
4. Ignoring Availability and Proximity
Picking someone too busy or who lives far away can complicate estate management. Choose someone accessible to simplify the process.
5. Overlooking Financial Competence
Executors must handle taxes and debts, a financially savvy executor can help limit unnecessary costs.
Common Questions Ohio Residents Ask About Executors (FAQs)
Q: Can One of My Beneficiaries Be the Executor?
Yes, in Ohio, it’s perfectly legal and common for a beneficiary, such as your spouse or adult child, to serve as your executor. Just make sure they’re qualified and comfortable with the responsibilities.
Q: Is It Possible to Name Multiple Executors?
Yes, Ohio law allows you to appoint co-executors, but it can complicate decision-making. If you choose multiple executors, make sure they can easily collaborate.
Q: What if My Chosen Executor Doesn’t Want the Job?
If your named executor declines, Ohio courts typically appoint your backup executor (if named). If no suitable backup is available, the court may appoint someone else to manage your estate.
Q: Can I Change My Executor Later On?
Absolutely. You can change your executor at any time by updating your will. It’s common, especially if circumstances or relationships change.
Choose the Right Executor With Confidence
Picking the right executor means protecting your family and making sure your wishes are clearly followed. At Jarvis Law Office, we help Ohio families simplify this decision With strategic asset management, clear guidance, and transparent pricing, you can move forward confidently, knowing everything is in order.
Ready to talk it through? Visit our contact page today, we’re here to help you every step of the way.
