Who shouldn be an Executor?
One reason you may want to consider excluding someone as your executor is if he or she is also a beneficiary. This will help to avoid appearances of conflict of interest if the other beneficiaries fear that the executor may take advantage of his or her position. On the other hand, the executor is supervised by the court, and a beneficiary as executor is more likely to waive a fee for serving as executor. State residency requirements also make certain non-residents bad choices to be an executor. Even though some states do not prohibit non-resident executors, some will require the executor to post a bond, or name a resident as the executor’s representative. Time and travel can also slow up proceedings if your executor is a non-resident. Finally, an executor should not be a minor, convicted felon, or non-U.S. citizen.
