Organizing your estate is one of the most considerate actions you can do for your loved ones. A significant part of that process is choosing the right person to serve as your executor, also known in Louisiana as the “personal representative” or “administrator.” After you pass away, this individual will fulfill your wishes, ensuring your property is distributed properly and that all legal and financial matters are handled smoothly.
So, how do you select the appropriate executor for your Louisiana estate? This is a significant decision that should not be made lightly. Here are the factors to keep in mind.
What Does an Executor Do?
First, it’s important to understand the executor’s responsibilities. In Louisiana, the executor will:
- File your Last Will and Testament with the court and initiate the succession (probate) process
- Locate and manage your assets
- Pay off debts and taxes owed by the estate
- Distribute property to heirs according to your Will
- Maintain detailed records of all transactions
- Represent your estate in legal matters
Qualities to Look for in an Executor
The person you name as your executor does not need to be a legal or financial expert, but they should possess certain qualities:
- Trustworthiness: Your executor should be someone you trust entirely to carry out your wishes without bias or self-interest.
- Good communication skills: The executor will need to work with attorneys, courts, creditors, and your heirs.
- Financial common sense: The executor should be comfortable managing money and following legal procedures.
- Emotional stability: The executor should be able to remain composed and make decisions rationally, even during emotional times.
Who Can Serve as an Executor in Louisiana?
Louisiana law sets certain rules about who can serve as an executor. Generally, the person must be:
- At least 18 years old
- Of sound mind
- Not convicted of a felony (unless their rights have been restored)
You can choose a family member, friend, or even a professional such as an attorney, CPA, or corporate fiduciary. However, keep in mind that out-of-state executors may need to appoint a Louisiana-based agent for certain duties.
Should You Name More Than One Executor?
Some individuals opt to appoint co-executors—two people who share the duties. While effective in certain situations, this approach can lead to complications if the co-executors have differing opinions or schedules. If you choose to name co-executors, ensure they collaborate effectively and are clear on their expectations.
A more straightforward option could be appointing a primary executor with an alternate in case the first choice is unavailable or unwilling to take on the role.
Talk to the Person You’re Considering
Avoid catching someone off guard with this responsibility. Before adding them to your Will, discuss it with the individual you’re considering. You also want to ensure they understand the role, are at ease with accepting it, and know how to access essential documents and contacts when needed.
What Happens If You Do Not Choose an Executor?
If you do not designate an executor in your Will, or if the appointed individual is unable to fulfill the role, the court will select a replacement. While courts do their best, the result may not reflect your personal wishes.
Let Us Help You Plan With Confidence, Contact Us Today
At Losavio & DeJean, LLC, we understand that estate planning involves more than just documents—it’s about protecting your legacy and easing the burden on your family. Choosing the right executor is a key part of that plan, and we’re here to guide you every step of the way.
If you’re ready to create or update your estate plan, contact our experienced Louisiana estate planning attorneys for a confidential consultation. We can assist you in making knowledgeable choices that provide you and your family peace of mind.