If you make a will, you may name the person to carry out your plan to settle your estate. If you have probate property but fail to name an executor in your will, the person named in your will as executor is unable or unwilling to serve, or if you die without a will, the court will appoint someone to settle your estate. An executor or administrator is regarded as an officer of the court, subject to the direction, supervision, and control of the court until the estate is closed and he is finally discharged. This publication provides a general outline of the duties and responsibilities of executors and administrators during the settlement of an estate. It is not intended to cover their responsibilities in detail.
Some responsibilities are common to every estate.
Others depend on the complexity of the estate. A person can choose a friend, family member, attorney, corporate entity, or bank to serve as executor. The best choice for your situation depends on the people and circumstances involved. Give careful consideration to personal estate planning objectives and the consequences of each of the possible choices before making a selection of executor. Many people choose a family member or friend thinking it is easier and cheaper for him to settle the estate, because he is familiar with it.