ABA Family Legal Guide

Estate Planning

Wills

The Executor

What if the executor I choose can't serve when the time comes, or doesn't want to?

Whomever you choose as executor, be sure to provide in your will for a successor executor in case the first named executor dies or is unable or unwilling to perform. Without a backup executor, the probate court will have to appoint someone, and that person may not be to your liking.

One final caution—don't name someone as your executor unless you have spoken to the person and he or she agrees. This will ensure that the person of your choice, not the court's, will administer your estate.