Can You Make Someone an Executor in a Will Without Going Through a Lawyer?

By Anna Assad

When you write a will, you need to name an executor. An executor is the person responsible for carrying out your final directions and wishes regarding your property and belongings. The person you name as executor should be trustworthy and responsible, as she'll have to manage your entire estate. You don't need a lawyer to make a will or to name an executor. You also don't have to ask a person for permission before naming her as executor in your will, although it is in your best interest to do so. If your chosen executor decides she doesn't want the responsibility after you die, the court will have to find another person to manage your estate. The lack of an executor will delay probate, the court proceedings necessary to settle your last affairs. A probate delay may financially affect your loved ones if they're relying on money from your estate to pay bills.

When you write a will, you need to name an executor. An executor is the person responsible for carrying out your final directions and wishes regarding your property and belongings. The person you name as executor should be trustworthy and responsible, as she'll have to manage your entire estate. You don't need a lawyer to make a will or to name an executor. You also don't have to ask a person for permission before naming her as executor in your will, although it is in your best interest to do so. If your chosen executor decides she doesn't want the responsibility after you die, the court will have to find another person to manage your estate. The lack of an executor will delay probate, the court proceedings necessary to settle your last affairs. A probate delay may financially affect your loved ones if they're relying on money from your estate to pay bills.

Step 1

Talk to the person you want to name executor. Confirm that she understands what an executor does and what her responsibilities will be. Tell her where you are storing your will, so she doesn't have trouble finding the document when you die.

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Step 2

Name the person you chose as the executor in the appointment or naming section of the will. Write in her full legal name where indicated if you're using a will form. Don't use nicknames.

Step 3

Use state-required wording for nominating an executor if you're writing the will yourself. Wording differs by state; check the official website of your county's probate or surrogate's court to find state laws regarding executor nomination wording in a will. An example of a common acceptable phrasing is, "I hereby name, appoint and constitute (executor's name here) as the executor of my Last Will and Testament."

Step 4

Complete your will. Both you and at least one witness over 18 need to sign the will. State laws vary on how many witnesses you need. Check with the county probate court for laws relating to proper final will execution.

Step 5

Store the will in the spot you told the executor. Tell your executor if you change the will's location later.

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How to Make a Will Legal for Executor of Will After Death

References

Related articles

How to Make Someone the Executor of a Will

You need to cover the important aspects of your estate in your will, including who you are leaving assets to, how much each beneficiary will get and who your executor is. You may make a person your executor by naming him as such in your will. However, your will needs to be valid in your state so your executor can get the authority he needs in probate court. Before you, the testator, create your will, check your state's laws regarding will creation and allowable will types.

What Legal Implications Are There to Signing a Final Will?

Your final will is a document that allows you to name the people who should get your property, including your money and any real estate, after your death. If you die intestate, or without a will, the laws of your state say who should get your property. The legal implications to signing your final will include that your will changes who will get your property.

How to Nullify an Executor on a Will

If you want to nullify the executor on your will, you can amend your will by executing a codicil. Codicils are suitable for making minor changes such as removing an executor and naming a new one. However, if there are other portions of your will you want to change, it's advisable to make a new will that unequivocally and expressly revokes your existing will.

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