Choosing an executor means selecting someone you trust to carry out the instructions in your will and handle your estate after your death. In Louisiana, a good executor should be responsible, organized, willing to serve, and capable of handling financial and legal responsibilities during the succession process.
Your choice can have a meaningful effect on how efficiently your estate is administered and how well your wishes are carried out.
What Does an Executor Do in Louisiana?
Louisiana refers to the court process for administering an estate as succession rather than probate. When you have a valid will, you can name an executor to manage your estate through this process.
An executor’s responsibilities may include identifying and gathering estate assets, handling court filings, addressing debts and taxes, and ultimately distributing property according to the will.
Because these duties can take time and involve important financial decisions, you should consider more than your relationship with someone before naming them.
What Qualities Should You Look for in an Executor?
You do not necessarily need to choose the person who is closest to you. Instead, consider who is best equipped to carry out the responsibilities involved.
A strong executor is generally someone who is:
- Trustworthy: The person will have significant responsibility for your property and financial affairs.
- Organized: Succession can involve deadlines, records, financial accounts, and communication with multiple parties.
- Available: Your executor needs enough time to follow through on the administration of the estate.
- Comfortable seeking help: An executor does not have to handle every legal or financial matter alone. Knowing when to consult an attorney, accountant, or other professional can be valuable.
- Able to manage family dynamics: If disagreements arise among beneficiaries, an executor who communicates clearly and remains levelheaded can help keep the administration focused.
Before naming someone, talk with that person about the role. Confirming that they are willing to serve can prevent an unwelcome surprise later.
Who Can Serve as an Executor in Louisiana?
Louisiana law places some restrictions on who can serve as a testamentary executor. For example, a person generally cannot qualify if they are under 18, have been found by a court to lack the legal capacity to manage their affairs, or are a convicted felon. A nonresident can serve, but must appoint a Louisiana resident agent for service of process and file that appointment in the succession proceeding.
This means you are not necessarily limited to relatives who live nearby. However, practical considerations still matter. Someone who lives far away may be perfectly capable of serving, but you should consider whether distance could make certain responsibilities less convenient.
Should You Name an Independent Executor?
Another decision is whether your will should authorize independent administration.
Under Louisiana law, a testament can provide that the succession representative may act as an “independent administrator” or “independent executor.” When the will provides for independent administration, the court must enter an order granting it.
Independent administration can allow an executor to handle many estate matters with less court supervision. Whether that authority makes sense depends on your estate, your family circumstances, and the person you plan to appoint.
Should You Name a Backup Executor?
Yes, naming an alternate executor is generally a smart planning measure. Your first choice could die before you, become unable to serve, decline the appointment, or otherwise become unavailable.
A backup gives your estate plan another person you have personally selected rather than leaving the issue to be resolved after your death.
You should apply the same standards to your alternate that you use for your first choice. Consider whether that person has the temperament, availability, and financial judgment to manage your estate.
When Should You Reconsider Your Choice of Executor?
Choosing an executor should not be a one-time decision. As your circumstances change, the person who once seemed like the right choice may no longer be appropriate.
Consider reviewing your selection after a divorce or remarriage, a major change in your relationship with the person you named, or a significant change in that person’s health or circumstances. You may also want to revisit the decision if your estate becomes more complex, such as after acquiring a business or substantial real estate.
Put the Right Person in Charge of Your Estate
The right executor can help ensure that the instructions you carefully put into your estate plan are actually carried out. Choosing someone who is both legally qualified and practically suited for the responsibility can reduce complications during succession.
At Buhrer Law Firm, we help individuals and families create Louisiana estate plans tailored to their goals and circumstances. Attorney R. Scott Buhrer has practiced law in Louisiana for more than 35 years and works directly with clients on estate planning and succession matters. Contact us today to discuss your executor selection and put a clear estate plan in place.