How to Choose an Executor or Trustee
Your estate plan is only as good as the people you choose to carry it out. The executor of your will and the trustee of your trust are the ones who will pay your final bills, manage your property, and deliver inheritances to the people you love. Choosing well can mean a smooth, low-conflict administration; choosing poorly can mean delay, expense, and family friction. This guide explains what these roles involve and how to pick the right people. A Seattle wills lawyer at Latterell Law can help you think through the decision as part of your plan.
What an Executor Does
In Washington, the person who administers a will is formally called the personal representative, though most people still say executor. Once appointed by the superior court, the personal representative must:
- Locate the will and open the probate case
- Gather, inventory, and safeguard the estate’s assets
- Notify heirs, beneficiaries, and creditors
- Pay valid debts, expenses, and any taxes owed
- Distribute the remaining property according to the will
- Keep records and close the estate with the court
Washington law sets basic qualifications for who may serve. Under Chapter 11.36 RCW, minors, persons of unsound mind, and persons convicted of a felony or of a misdemeanor involving moral turpitude cannot serve, and only certain trust companies and banks may serve as corporate personal representatives. Washington courts also commonly grant nonintervention powers, which let a qualified personal representative administer the estate with minimal court supervision, making the choice of a capable person even more important. For a fuller picture of the job, see our guide to estate administration and executor duties.
What a Trustee Does
A trustee manages property held in trust, during your lifetime, after your death, or both. Depending on the trust, a trustee may invest assets, make distributions to beneficiaries on a schedule or by discretion, file trust tax returns, and account to beneficiaries for years or even decades. A trustee is a fiduciary held to high legal standards: loyalty to the beneficiaries, impartiality among them, prudent investment, and careful recordkeeping. Trustees who take on the role after a death can find practical guidance on our Seattle trust administration lawyer page.
The executor’s job usually ends when the estate closes. A trustee’s job can last as long as the trust does, which is why stamina and reliability matter as much as honesty.
Qualities to Look For
The best candidates are not necessarily your oldest child or closest friend. Look for someone who is:
- Trustworthy and financially responsible. They will control money that belongs to others.
- Organized and diligent. The work involves deadlines, paperwork, and follow-through.
- Fair and steady under pressure. They may need to say no to a beneficiary and explain why.
- Likely to be available. Consider age, health, location, and willingness to serve. Always name at least one alternate.
- Comfortable asking for help. Good fiduciaries hire attorneys, accountants, and financial advisors when the situation calls for it.
Talk to your candidates before naming them, and consider explaining your choices to your family to prevent surprises later. Our article on involving your family in your estate plan offers practical ways to have that conversation.
Individual vs. Corporate Fiduciaries
Naming a family member is free or low-cost and keeps decisions personal, but it can strain relationships and overwhelm someone without financial experience. A corporate fiduciary, such as a bank or trust company, brings professional management, continuity, and neutrality, which can be valuable for large estates, long-term trusts, or families with a history of conflict. The tradeoffs are fees and less personal familiarity. Some families split the difference by naming co-fiduciaries or by pairing a family trustee with professional advisors. There is no single right answer; the goal is a structure that fits your assets and your family’s dynamics.
Common Mistakes to Avoid
- Naming co-executors who do not get along, creating deadlock
- Choosing someone out of obligation rather than ability
- Failing to name alternates
- Never revisiting the choice as people age, move, or circumstances change
Get Help Choosing the Right People
Latterell Law founder Angel M. Latterell has guided hundreds of Washington families through these decisions since 2005, helping clients match the right people to the right roles in wills, trusts, and powers of attorney. Contact Latterell Law today to schedule a consultation.
