Planning
How to Choose an Executor for Your Will
Who can legally be your executor, the qualities that matter, family vs. professional executors, co-executors, backups, executor fees, and how to ask.
Short answer
Choose an adult you trust who is organized, good with paperwork and likely to be around when you die, and name a backup in case they can't serve. Executors must be mentally capable adults, and some states also limit people with felony convictions or who live out of state. Ask both people before you sign, and tell them where your will is kept.
What does an executor do?
Your executor is the person your will puts in charge of settling your estate. They ask the probate court to accept your will and get court papers called letters testamentary. Then they gather what you owned, pay your bills and taxes, and distribute what's left as your will directs.
It's a legal role, not an honorary one. In states that follow the Uniform Probate Code, an executor must meet the standard of care that applies to trustees and settle the estate "as expeditiously and efficiently" as the estate's interests allow (Idaho Code §15-3-703). For the full job, step by step, see What does an executor do?
Who can legally be an executor?
Generally, any mentally capable adult. Each state adds its own rules, and some are strict:
| Rule | Examples |
|---|---|
| Age | Must be at least 18 in Florida, Idaho and Illinois |
| Capacity | Florida bars anyone "mentally or physically unable to perform the duties." Texas bars anyone incapacitated. |
| Felony conviction | Florida bars anyone convicted of a felony. Texas allows a felon only if named in the will and approved by the court, or if pardoned or their civil rights were restored. Illinois allows one only if the will names them and states that you knew of the conviction. |
| Living out of state | Florida allows a nonresident only if they're a relative such as a child, grandchild, parent, sibling, aunt, uncle, niece or nephew, or the spouse of one. Texas requires a nonresident to appoint a Texas agent to accept legal papers. Illinois lets any U.S. resident serve, but a court may require a bond from a nonresident. |
Sources: Fla. Stat. §733.303 and §733.304, Tex. Est. Code §304.003, 755 ILCS 5/6-13, Idaho Code §15-3-203.
If the person you name can't qualify and you named no backup, the court picks someone, usually from a priority list in state law. In Texas, the person named in the will comes first, followed by others such as the surviving spouse and heirs (Tex. Est. Code §304.001). If your choice lives in another state or has a criminal record, check your own state's law before you sign. Our guides for Florida, Texas, Illinois and every other state cover how to sign a valid will there.
What qualities should you look for?
The best executor isn't always the closest relative. Look for someone who is:
- Trustworthy. They'll control your money before anyone else gets it.
- Organized. The job is mostly paperwork, deadlines and records.
- Available. They'll need time over months, and someone your own age may not outlive you.
- Fair and calm. If your heirs don't get along, a neutral person can keep the peace.
- Willing to ask for help. Under the Uniform Probate Code, an executor can hire lawyers and other advisers and pay them from the estate (Idaho Code §15-3-715).
In a video for the ACTEC Foundation, Lorraine Cavataio, a Fellow of the American College of Trust and Estate Counsel, suggests someone with financial or business sense or, failing that, a family "peacemaker" who communicates well (ACTEC Foundation).
Should you choose a family member or a professional?
| Option | Advantages | Drawbacks |
|---|---|---|
| Spouse or adult child | Knows your family and wishes; may serve without a fee | May be grieving, busy, or in conflict with siblings |
| Trusted friend | Neutral between family members | May not know your finances; may be near your own age |
| Lawyer or accountant | Expertise with courts and taxes | Charges fees; in Florida, a lawyer who drafted your will and isn't related to you can't be paid as executor unless you sign a written acknowledgment of required disclosures (Fla. Stat. §733.617) |
| Bank or trust company | Experienced, impartial, and won't die or move away | Charges fees, and many have minimum account sizes |
Cavataio puts typical trust company minimums at roughly $500,000 to $1 million, depending on location, and suggests one when no relative has the skills or the family is in conflict (ACTEC Foundation). For most modest estates, a capable family member or friend who hires help as needed works well.
Should you name co-executors?
You can, but think twice. Unless your will says otherwise, co-executors usually must act together. In Idaho, a majority must agree on estate business, apart from narrow exceptions such as emergencies, so two co-executors must both agree (Idaho Code §15-3-717). That can slow things down if they live far apart or disagree. It can also cost more: in Florida, when an estate is worth $100,000 or more, each of two co-executors is entitled to a full commission (Fla. Stat. §733.617).
Naming two children as co-executors to avoid hurt feelings is common. It often works better to name one as executor and the other as backup, and to explain why.
Why do you need a backup executor?
Your first choice may die before you, become ill, move away, or simply say no. Being named in a will doesn't force anyone to serve. In California, a named executor who doesn't petition the court within 30 days of learning of the death may be treated as having waived the right to serve (Cal. Prob. Code §8001). A backup keeps the choice in your hands rather than the court's.
Do executors get paid?
Yes, if they want to be. How much depends on your state and your will.
| State | How the fee is set | Rough fee on a $500,000 probate estate |
|---|---|---|
| California | Set by statute: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, lower rates above | About $13,000 |
| Florida | Presumed reasonable: 3% of the first $1 million, 2.5% up to $5 million, lower rates above | About $15,000 |
| New York | Commission on money received and paid out: 5% of the first $100,000, 4% of the next $200,000, 3% of the next $700,000, lower rates above | About $19,000 |
| Idaho and other UPC states | "Reasonable compensation" for the work done | Varies |
Each state measures the estate differently, so treat these as rough illustrations (Cal. Prob. Code §10800, Fla. Stat. §733.617, N.Y. SCPA §2307, Idaho Code §15-3-719).
Executors can usually waive part or all of their fee. An executor who takes a fee must report it as income (IRS Publication 559).
How do you ask someone to be your executor?
- Ask in person, before you sign. Explain that it's an honor and a real job, and that saying no is fine.
- Explain what's involved. Mention anything unusual, such as a business or a rental home.
- Ask your backup too. They should know they may be called on.
- Say where your will is. Your executor will need the original. Some states let you deposit it with the probate court for safekeeping; see your state's rules.
- Leave a list. A list of accounts, insurance policies, passwords and key contacts saves your executor a lot of searching.
When you're ready, our free will builder asks for an executor and a backup, with no account needed. If your choice changes later, you can name someone new with a codicil or a new will; see how to change a will.
Frequently asked questions
Can my executor also be a beneficiary?
Yes. It's common to name a spouse or adult child who also inherits. Choose someone your other heirs will trust to be fair.
Can I name two people as co-executors?
Yes, but they usually must agree on decisions, which can slow things down and, in some states, raise fees. Naming one executor and one backup is usually simpler.
Does my executor have to live in my state?
Not always, but some states restrict out-of-state executors. Florida allows only certain relatives, and Texas requires a nonresident to appoint a local agent.
What happens if my executor dies before me?
Your backup serves. If you didn't name one, the court appoints someone under state law, who may not be the person you'd have picked.
Can I change my executor later?
Yes. Sign a codicil or a new will that names the new person, following your state's signing rules.
Sources
- ACTEC Foundation, "Choosing an Executor or Trustee" (video, September 2019)
- Idaho Code §15-3-203, §15-3-703, §15-3-715, §15-3-717 and §15-3-719 (Uniform Probate Code), Idaho Legislature
- Florida Statutes §733.303, §733.304 and §733.617, Florida Senate
- Texas Estates Code §304.001 and §304.003
- Illinois Probate Act, 755 ILCS 5/6-13, FindLaw
- California Probate Code §8001 and §10800, FindLaw
- New York Surrogate's Court Procedure Act §2307, New York State Senate
- IRS Publication 559, "Survivors, Executors, and Administrators" (2025)
This article is general information, not legal, tax or financial advice. Laws vary by state and change over time. Talk with a licensed professional about your situation. First published October 25, 2026.