See My Latest Article on HelloNation
What Does an Executor Do?
An executor is the person named in a will to manage a person's estate after they pass away. This means handling property, paying any debts, and ensuring that assets are distributed according to the instructions in the will. In Lees Summit, an executor carries out these duties under Missouri law, which sets clear guidelines for their responsibilities and powers.
The executor gathers important paperwork, works with the probate court, keeps beneficiaries informed, addresses any creditor claims, and ultimately distributes what remains to heirs. For households in the area, the executor’s job may involve everything from selling a home to sorting out accounts and personal property.
Who Can Serve as an Executor in Lees Summit?
Any adult who is at least 18 years old and of sound mind may legally serve as an executor in Missouri. It's common for residents to choose a spouse, adult child, relative, or trusted friend. Missouri does not require the executor to live in the state, but picking someone familiar with local resources, court processes, and real estate can make things simpler for area families.
There are a few restrictions:
- Felons generally cannot serve in this role in Missouri.
- Institutional executors, such as banks or trust companies, may be named if the will specifies.
What Qualities Make Someone a Good Executor?
The best executors are organized, dependable, and able to communicate clearly with a variety of people. Consider choosing someone who is:
- Trustworthy and will honor your wishes
- Able to handle paperwork and deadlines
- Comfortable making financial decisions
- Willing and available to take on these tasks, which can last several months or longer
An executor does not have to be an expert in law or finance but should know when to seek help from public agencies or services, especially if they encounter complex situations.
How Should Local Residents Choose Among Potential Candidates?
Begin with a direct answer: The choice should be based on personal trust and the candidate’s ability to manage details over several months.
Many families in Lees Summit own homes, vehicles, and retirement accounts—all of which may need to be managed or transferred after death. It’s wise to pick someone who is familiar with your property and understands your family dynamics. If you anticipate disagreements among heirs, selecting a person perceived as fair by all can help reduce conflict.
It’s equally important to have open conversations before naming someone. Not everyone feels comfortable taking on these responsibilities, especially if they live out of state or have their own time constraints.
What Common Mistakes Should Households Avoid?
Rushing the decision, or picking someone without discussing it first, often leads to problems. Some other pitfalls to avoid:
- Choosing based on birth order or family tradition alone, rather than suitability
- Naming multiple executors without clear agreement about how they’ll cooperate
- Not having an alternate (backup) executor in case the first choice can’t serve
- Selecting someone under significant personal or financial stress
For local residents who own property in several states or more complex investments, naming an executor who can easily travel or coordinate with out-of-area institutions is also wise.
Can a Beneficiary Serve as Executor?
Yes, it’s common for a beneficiary—someone who receives property under the will—to serve as executor. Many parents in Lees Summit select an adult child for both roles. While this is usually not a problem, tensions can sometimes arise if the executor must divide assets among siblings or extended family. Clear communication and a well-drafted will are key to keeping the estate process smooth.
What Happens If You Do Not Name an Executor?
If no executor is named, or if the chosen person is unable or unwilling to serve, the probate court will appoint someone. Often, this will be a spouse or adult child. If relatives cannot agree, delays or extra court hearings may occur. Naming an executor in your will saves time and reduces uncertainty for those left behind.
Example: Choosing an Executor in a Typical Lees Summit Estate
Consider a local resident with a family home, vehicles, bank accounts, and personal belongings. The ideal executor might be an adult child who lives nearby and is familiar with the property. If children are out of state, a trusted friend or another relative could be named, with instructions outlined clearly. For residents with blended families or family-owned businesses, sometimes a neutral third party is better.
Is It Possible to Change Your Executor Later On?
Yes. Missouri law allows wills to be updated through a codicil or by making a new will. Life changes such as divorce, marriage, or a move may require a different executor. Updating your will and letting your executor know about their role helps prevent confusion during an already difficult time.