Can I Choose Anyone to Be My Executor?
When you are planning to make a will, one of the tasks that will be critical is to choose an executor. An executor has the crucial role of administering your estate after your death, which includes identifying all of the property in your will, determining debts and taxes of your estate, ensuring that those debts and taxes are paid, and ultimately distributing assets — according to the terms of your will — to your beneficiaries. The role of an executor is lengthy and can be complicated and time-consuming, so it is important to choose a person you trust to play this critical role, as well as someone who is willing to serve in this position.
Now, you may be wondering: can I choose anyone at all to be my executor, or does Georgia law have certain requirements for executors? In general, if you are planning to choose an adult who has legal capacity as your executor, you are free to choose any person you wish. Our Norcross estate planning lawyers can explain in more detail.
Georgia Has Only Two Requirements for an Executor
Under the Georgia Code, there are only two requirements for a person to serve as an executor of the estate of a testator (a person who makes a will). Those requirements include the following:
- Executor must be at least 18 years old; and
- Executor must be of sound mind (i.e., the executor must have legal capacity and cannot have been judged to be incapacitated by a court due to an issue such as Alzheimer’s disease or another form of dementia or mental illness).
Can I Really Choose Anyone?
You may be looking at those two requirements and realizing that everyone — or at least almost everyone — you have considered as an executor meets those requirements. You might also be thinking about requirements you have heard from friends or family members, such as the idea that a person with a criminal record cannot serve as an executor, or a person who resides in another state cannot serve as an executor. Neither of these requirements — which do apply in some states — apply in Georgia. You can truly choose anyone who is at least 18 years old and has legal capacity.
You can also appoint co-executors if there is an important reason to do so. You should discuss this with your estate planning lawyer since having co-executors can sometimes complicate the probate process unnecessarily. You should also certainly consider naming an alternate executor in the event your executor of choice cannot fulfill their duties.
As we noted above, just be sure to discuss this role with anyone you plan to name as your executor — you will want to be certain that the person is willing to serve as your executor.
Contact a Gwinnett County Estate Planning Lawyer for Assistance
Do you have any questions about naming an executor, or general questions about making a valid and enforceable will in Georgia? An experienced Gwinnett County estate planning attorney at Bowman Law Firm can begin working with you today on your will and other components of your estate plan. Contact us to find out more about the ways we can assist you.
Source:
law.justia.com/codes/georgia/title-53/
