Understanding the Role of Executors in Estate Planning
May 27, 2025
At Pope and Bogush Attorneys at Law, LLC, I often remind our clients that estate planning isn’t just about who gets what—it’s also about who takes care of everything once we’re gone. One of the most important decisions we make during this process is choosing an executor.
The person we appoint carries a lot of responsibility, and having the right one in place can mean the difference between a smooth administration and unnecessary stress for our loved ones.
As we walk through the estate planning process with our clients, I focus on helping them choose executors who are capable, honest, and ready to take on this important role.
What Executors Actually Do
An executor is responsible for managing a deceased person’s estate according to their will. It’s a legal role that comes with significant authority—and plenty of paperwork. From locating the will to distributing property, the executor acts as the representative of the estate.
Key responsibilities include:
Gathering and securing assets: This includes bank accounts, real estate, and personal belongings.
Notifying interested parties: Beneficiaries, government agencies, and financial institutions must be informed.
Paying debts and taxes: The executor must settle any outstanding obligations.
Distributing assets: Once everything is accounted for, the executor distributes assets to beneficiaries as instructed.
Because these duties require diligence and communication, we always encourage our clients to choose someone organized, trustworthy, and emotionally stable.
The Importance of Selecting the Right Person
When we’re helping clients build their estate planning documents, we talk through their options for naming an executor. It’s a decision that deserves serious thought. While some choose a spouse or adult child, others name a trusted friend or professional. Each choice has its benefits and challenges.
Qualities to look for in an executor include:
Integrity: This person must act honestly and in good faith.
Organizational skills: There’s a lot of paperwork and recordkeeping involved.
Communication skills: Executors need to keep beneficiaries informed.
Willingness to serve: The role isn’t easy, so willingness matters.
We’ve found that when our clients understand the full scope of what’s involved, they often reconsider their initial choice. That reflection helps make the estate planning process more effective.
When Multiple Executors Are Involved
Sometimes our clients consider naming more than one executor. Co-executors can divide responsibilities or offer additional oversight, but they can also create tension if they disagree. We discuss the pros and cons with each client so they can make the best decision for their family.
Potential issues with co-executors include:
Conflicting personalities: Disagreements can delay decisions.
Unequal participation: One person may end up doing most of the work.
Legal complications: Some banks and courts prefer working with one representative.
If someone does choose to appoint more than one executor, we help draft clear instructions to minimize confusion.
Legal Authority and Limitations of Executors
An executor’s authority begins once the court formally appoints them during the probate process. Until then, no one can act on behalf of the estate—even if they were named in the will. We explain this legal requirement clearly to our clients to prevent early action that could create complications later.
Executors can:
Collect and manage estate assets
Pay valid claims and expenses
Sell property, if authorized
Represent the estate in court
Executors can’t:
Change the terms of the will
Use estate funds for personal benefit
Favor one beneficiary over another
By helping our clients document their wishes clearly, we reduce the risk of confusion or misconduct later on.
How We Support Executors During Probate
At Pope and Bogush, we don’t just help with drafting estate planning documents—we also work with executors after someone passes away. Taking on the role can be overwhelming, especially for those unfamiliar with probate court.
We assist executors with:
Filing the will with the probate court
Managing timelines and deadlines
Preparing notices and legal documents
Communicating with creditors and heirs
We aim to ease the burden on executors so they can honor their loved one’s wishes without added stress. Our hands-on approach keeps the process organized and respectful.
What Happens When No Executor Is Named
Sometimes we encounter situations where someone dies without naming an executor, or the named person is unavailable or unwilling. When this happens, the court steps in and appoints an administrator to manage the estate. This person has similar duties to an executor but may be unfamiliar with the deceased’s wishes.
Consequences of not naming an executor include:
Delays in administration: Court appointment can take time.
Family conflict: Multiple people may want the role, or no one at all.
Higher legal costs: The process is often more formal and expensive.
These scenarios remind us why it’s so important to address executor appointments clearly during estate planning.
Handling Executor Disputes or Removal
Occasionally, things don’t go as planned. A chosen executor might fail to fulfill their duties, act unfairly, or create conflict among beneficiaries. In those cases, the court can remove the executor and appoint someone else. We help clients understand their rights and responsibilities if they’re involved in one of these disputes.
Common reasons for removal include:
Mismanagement of assets
Failure to communicate
Conflict of interest
Violation of court orders
We always stress the importance of documentation and transparency to avoid these kinds of issues.
Planning for Backup Executors
Naming a single executor is a good start, but we also encourage our clients to name one or two backup choices. Life is unpredictable, and the person named today may not be available or willing to serve when the time comes.
Backup executors help by:
Preventing delays if the first choice declines
Reducing the court’s involvement
Keeping administration in the hands of trusted individuals
We include backup options in every estate planning discussion, even when the primary executor seems like a sure fit.
Special Considerations for Large or Complicated Estates
Some estates are more involved than others. When there are business interests, multiple properties, or unique assets, it may make sense to appoint a professional executor or seek ongoing legal support. We tailor our estate planning services to meet the needs of each unique situation.
Large or complicated estates may involve:
Business succession planning
Estate tax considerations
Charitable giving strategies
International assets
We’re prepared to support clients with straightforward or more intricate plans, always emphasizing clarity and practicality.
How Executor Roles Fit Into the Bigger Picture
Naming an executor is just one part of a strong estate planning strategy. It’s important that this decision aligns with the rest of the plan, from healthcare directives to trust administration. We take the time to explain how each document works together to form a comprehensive plan.
A complete plan typically includes:
A will with an appointed executor
Powers of attorney for healthcare and finances
A living will or advance directive
Trusts for asset protection or distribution
We look at the full picture so our clients feel confident that every detail has been addressed.
Updating Executor Choices Over Time
Just as life changes, our estate plans should, too. We encourage regular reviews of executor appointments, especially after major events like marriage, divorce, retirement, or the loss of a loved one. An outdated appointment can create confusion and conflict during administration.
We recommend updates when:
Relationships change
The current executor is aging or ill
The estate grows in value
A better candidate becomes available
We build long-term relationships with our clients so they can count on us to revisit and revise plans whenever necessary.
Contact Me Today
At Pope and Bogush Attorneys at Law, LLC, I guide clients through every step of estate planning, including choosing the right executor. I proudly serve clients throughout Pennsylvania. If you have questions or want to start your plan, we’re here to help. Get in touch today.