Choosing the right executor is a vital part of any estate plan. This person will be in charge of settling your affairs, handling debts, and ensuring your wishes are honored. But even the most responsible executor can struggle if they’re left without clear guidance.
As a New Mexico estate planning lawyer, I’ve seen firsthand how preparation can ease this process—and how a lack of planning can cause serious stress for grieving families. Here’s what you need to know about selecting the best executor and setting them up for success.
Understanding the Role of an Executor
What Does an Executor Do?
An executor, also known as a personal representative, is the person you name in your will to carry out your final wishes. Their legal authority begins only after the probate court approves your will and issues “letters testamentary.”
Typical executor duties include:
- Locating and managing your assets
- Paying final bills, taxes, and debts
- Handling court filings and paperwork
- Distributing property to heirs according to your will
Because this role often spans over a year and can involve hundreds of hours of work, it’s important to choose someone who is both trustworthy and capable.
Who Should You Choose as Executor?
Traits to Look For
The best executor isn’t always the closest relative. Consider naming someone who:
- Is organized and reliable
- Lives nearby, if possible
- Can communicate well with family members
- Understands the seriousness of their role
It’s also wise to name an alternate executor in case your first choice is unable or unwilling to serve. Read more on choosing executors in our blog, Who Should Be Your Executor?
Make the Job Easier for Your Executor
Even the best executor can’t do the job alone. Without proper planning, they may face unexpected delays, conflicts, or costs. Here’s how you can support them:
1. Keep Your Documents Current and Clear
Outdated or vague documents can cause confusion. Make sure your:
- Will reflects your current wishes
- Trusts are properly funded
- Powers of attorney name reliable agents
- Beneficiary designations on life insurance or retirement accounts are correct
2. Create a Master List of Assets and Debts
Many assets today are digital, and without a clear list, your executor could overlook valuable accounts or face roadblocks. Include:
- Bank and investment accounts
- Insurance policies
- Credit cards and loan information
- Property deeds and vehicle titles
One practical tip: create a separate email account dedicated to financial matters and share access with your executor.
3. Leave Access to Ready Cash
Your executor will need funds to cover:
- Funeral and memorial costs
- Final tax bills and medical expenses
- Property maintenance
- Probate fees
If all assets pass directly to beneficiaries, the estate may become insolvent—leaving your executor scrambling to pay debts. A New Mexico estate planning lawyer can help structure your plan so there are enough liquid assets available for estate expenses.
4. Talk With Your Executor Ahead of Time
Before naming someone in your will, ask them if they’re comfortable serving. Walk them through your estate plan so they understand your wishes and what will be expected of them.
Avoiding Common Pitfalls with Professional Help
Without proper legal planning, your loved ones could end up in a lengthy probate process or even a contested conservatorship. That’s why working with a New Mexico estate planning lawyer is so important. We help you:
- Draft a clear, legally sound will
- Choose and prepare the right executor
- Structure your assets to minimize probate
- Ensure your loved ones aren’t left with a financial or legal mess
Meet with a Trusted New Mexico Estate Planning Lawyer
At E-Law, we guide individuals and families in Las Cruces through every step of estate planning with compassion and care. If you want to make sure your executor can carry out your wishes with confidence, request a discovery call with us today. Let’s build a plan that protects your legacy—and your loved ones.
Reference: Kiplinger (May 30, 2025) “Simple Ways to Make Your Executor’s Job Less of a Pain.”
