Volume 2, Issue 6

Choosing the Right Executor: Why It Matters in Probate

A Practical Guide to Understanding Probate

Probate often carries a reputation as a complicated and intimidating process. Many people see it as a "big scary monster" waiting to create financial and emotional stress for families. But in reality, the process can vary greatly depending on where you live.

In Washington State, probate is relatively efficient compared to states like California, Florida, or New York, where high attorney fees and lengthy timelines make the process significantly more burdensome. Still, even in Washington, probate remains a public process—meaning court documents, estate size, and beneficiary information can be accessed online through the court system. This is one reason that many individuals desire to avoid the probate process.

Further, the average probate takes anywhere from 9-18 months, and for larger estates—those over $5million—it may extend to 36 months pending on the assets held by the estate. This delay, combined with emotional stress and high expectations from heirs, often leads to family tension and misunderstandings.

The Role of the Executor (Personal Representative)

At the heart of the probate process is the executor, or "personal representative" as referred to in Washington State. This is the person responsible for:

- Filing necessary legal and financial documents.

- Managing the finances of the estate.

- Settling estate debts.

- Communicating with beneficiaries and providing final accounting.

-Making final decisions for the estate.

- Distributing remaining assets according to the Last Will or as determined by law.

This is not a ceremonial title—it is a serious fiduciary role requiring organization, accountability, and integrity.

Qualities of a Good Executor

When selecting your executor, consider these qualities:

1. Organization & Attention to Detail – Estate settlement involves tracking expenses, recording financial transactions, and maintaining records—skills that many people no longer practice in a world of online banking and automated payments.

2. Time & Availability – Executors often balance their duties with careers, family, and personal responsibilities. Estate administration requires months—sometimes years—of focused attention.

3. Communication Skills – Transparency is key. Beneficiaries want to know where things stand. Without regular updates, suspicion and conflict may arise which can lead to hurt feelings, distrust, and worse, broken relationships.

4. Integrity & Fairness – Executors control estate assets. It's critical to choose someone you trust to act in everyone's best interest, not their own.

One Executor or Two?

Some families believe naming multiple executors—often two children—will ensure fairness. However, having "two cooks in the kitchen" can lead to delays, disagreements, and administrative complications, like requiring two signatures on every check, agreement to every bill paid, or multiple signatures to claim an asset.

While naming multiple representatives can work, we tend to recommend appointing one capable individual who can seek input from the family, make timely decisions, and administratively speed the process up.

When No Family Member Is the Right Choice

What if you don't have children, or your children lack the skills or availability to serve? Options include:

- Professional Fiduciaries – Specialists who handle estate administration as a business. Fees range, as does the experience. Most fiduciaries still hire a law firm to give legal advice and interpret documents created.

- Law Firms – Many offer full estate administration services, ensuring proper handling but may cost more than other fiduciaries.

For larger estates, hiring professionals may be well worth the expense, as emotions, taxes, and complexity increase with the size of the estate.

Avoiding Probate Altogether

While probate isn't as frightening as many believe, avoiding it can save time, money, and emotional stress. Strategies include:

- Establishing a revocable living trust.

- Using beneficiary designations on accounts.

- Engaging in proactive estate planning that addresses taxes, family needs, and long-term goals.

Final Thoughts

Choosing the right executor is one of the most important estate planning decisions you'll make. It requires thoughtful consideration of skills, availability, and trustworthiness—not just fairness among heirs. Let us at Planning With Purpose assist you to determine how to create a plan that will avoid the probate process and make sure you have the right people in place to close your estate.

Disclaimer: This newsletter is for general educational purposes only and does not constitute legal advice. For personal guidance, please consult an estate planning attorney.