An estate executor or personal representative is the person who will administer your estate and fulfill your wishes. That is why you must think carefully before choosing a qualified, capable and trustworthy individual.
Legal qualifications
According to Ohio law, any potential executor must be at least 18 years of age when they assume the role. While there is no statutory requirement that this person must be an Ohio resident, there are certain restrictions for nonresidents. Under those restrictions, a nonresident representative must be:
- Related to you by blood or marriage
- A private or family trust company
If the nonresident’s home state has a reciprocal rule that allows an Ohio resident to serve in the same capacity in that state, they may qualify.
Trustworthiness and financial competence
Settling an estate can involve gathering property, resolving debts and filing final taxes. Additionally, your personal representative holds a strict fiduciary duty to put the beneficiaries’ interests above their own. Therefore, you should pick an honest and highly organized person. While Ohio law does not require formal financial expertise, you should appoint someone who pays attention to detail.
Availability and communication skills
Administering an estate can be time-consuming. The executor may need to visit court, interact with creditors and secure your property. Performing these duties is easier if the executor lives near the physical assets of the estate. Furthermore, your executor will communicate with your loved ones during a sensitive time of grief. Poor communication can quickly escalate existing tensions into expensive will contests or estate litigation. You should keep these factors in mind during your estate planning.
Working with an estate planning attorney
Choosing the right executor is a critical step in administering the estate according to your wishes and Ohio law. An experienced estate planning attorney can help you draft a clear will, select a qualified personal representative and ensure your estate plan complies with Ohio law.