Should Your Attorney Be Executor of Your Will?
When planning your estate, one critical decision is who will serve as your executor. While many people choose a family member or close friend, there are situations where appointing your attorney as executor offers unique advantages. This article explains when this option makes sense, what to weigh before deciding, and how to implement it properly.
What Makes Attorney-Executors Different?
An executor ensures your wishes are carried out after you pass away. This includes filing your will, managing assets, paying debts, and distributing property. Attorneys bring professional experience, legal knowledge, and impartiality to this role, which can simplify probate and reduce stress for your loved ones.
Advantages of Naming Your Attorney
1. Legal Knowledge and Experience
Attorneys are trained to navigate the complexities of probate and estate administration. They understand Ohio’s legal requirements, deadlines, and documentation, which helps minimize errors and avoid costly delays.
2. Impartiality and Professionalism
Unlike family members, attorneys approach the executor role with professional objectivity. This impartiality helps prevent emotional conflicts and ensures that all beneficiaries are treated fairly. Attorneys are bound by ethical rules and fiduciary duties, providing an extra layer of accountability.
3. Efficiency and Problem-Solving
Administering an estate can be overwhelming, especially during a time of grief. Attorneys have systems in place to manage paperwork, communicate with the probate court, and resolve disputes quickly. This experience can be especially helpful if your estate is complex or likely to be contested.
4. Protection for Beneficiaries
Attorneys carry professional liability insurance and are subject to oversight by the court and the Ohio State Bar. This means beneficiaries have additional protection if something goes wrong, and there is a clear process for resolving any concerns.
5. Reduced Burden on Loved Ones
By appointing your attorney, you relieve family and friends of the administrative and legal burdens of estate management. This allows them to focus on healing and honoring your memory, rather than navigating complex legal processes.
When This Option Makes Sense
Appointing your attorney as executor is often considered in these situations:
Complex or High-Value Estates: Multiple properties, business interests, or significant investments require legal expertise to manage properly.
Potential for Disputes: Blended families, estranged relatives, or contested wills can benefit from a neutral, professional administrator.
No Suitable Family or Friends: When loved ones are unavailable, unwilling, or lack the necessary skills for estate administration.
Preference for Professional Oversight: If you want strict compliance with Ohio law and reduced risk of errors or delays.
Additional Points to Consider
Cost: Attorneys typically charge fees for executor services, which may be higher than those of family or friends. Discuss fee structures in advance to avoid surprises.
Less Personal Knowledge: Attorneys may not know your family’s traditions or sentimental priorities. Good communication and clear instructions in your will can help bridge this gap.
Ethical Considerations: If your attorney drafted your will and serves as executor, they must disclose any potential conflicts of interest and comply with professional rules.
Appointing Your Attorney as Executor
Taking these steps can help ensure a smoother process:
Confirm Willingness and Fees: Have a candid conversation about their availability, approach, and compensation structure.
Name Your Attorney Clearly in Your Will: Use precise language to avoid ambiguity and delays in probate.
Include a Backup Executor: Always appoint a successor in case your attorney becomes unavailable or unwilling to serve.
Provide Access to Key Documents: Share where your will, asset lists, and account details are stored to prevent delays.
Outline Powers and Instructions: Specify authority for tasks like selling real estate or accessing digital accounts to streamline administration.
FAQs: Making Your Lawyer the Executor of your Will
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Yes. Any adult of sound mind can serve as executor if approved by the probate court. Attorneys often meet these qualifications.
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Fees are typically based on a percentage of the estate or an hourly rate, subject to court approval. Discuss terms in advance.
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Beneficiaries can raise concerns, but courts generally uphold the appointment if it’s clear and the attorney is qualified.
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Legal experience often reduces delays and errors, though timelines depend on the complexity of the estate.
Conclusion
Appointing your attorney as your executor can provide peace of mind, impartial administration, and a structured approach to handling complex or sensitive estates. If you’re considering this option, consult an experienced Ohio estate planning attorney to ensure your wishes are carried out properly.
Ready to take the next step? Book a paid consultation now or contact our office to see how we can help.
About the Author
Nicholas Weiss is the founder and supervising Attorney of N.P. Weiss Law, serving clients across Northeast Ohio in real estate, family law, and estate planning & administration.
Nick is committed to helping property owners, businesses, and families navigate legal challenges with clarity and confidence. Learn more about Nicholas Weiss.
This article and the accompanying video are provided for informational purposes only and are intended as general guidelines. Nothing in this content creates an attorney-client relationship or constitutes legal advice on which you should rely without consulting your own retained attorney. If you have questions about your specific legal situation, please contact a licensed Ohio attorney for personalized guidance.
