People to Avoid Appointing as Will Executors

Your Will’s executor should not be a kid, a convicted criminal, or a non-U.S. citizen.

One reason you may want to avoid naming someone as executor in your will is if he or she is also a beneficiary. If the other beneficiaries are concerned that the executor may take advantage of his or her position, this will assist to prevent the appearance of a conflict of interest. The executor, on the other hand, is overseen by the court, and an executor who is also a beneficiary is more likely to waive the executor’s fee.

Making a non-resident your executor may also be a bad idea due to state residency restrictions. While some jurisdictions may not restrict non-resident executors, others may require the executor to deposit a bond or choose a resident as the executor’s agent. If your executor is a non-resident, time and travel might significantly drag down the process. If your state restricts non-resident executors, the court may nevertheless appoint the non-resident specified in your will, as long as he or she acts as co-executor with a resident of your state. This manner, the two co-executors may combine their expertise while also keeping an eye on each other.

Finally, an executor should not be a juvenile, a convicted criminal, or a non-citizen of the United States.