Careful estate planning helps to ensure an easier process for your family after you pass away.
Your executor plays an important role in your estate planning. You must appoint a responsible, organized and trustworthy person to carry out your intentions as outlined in your will.
Who may not serve as an executor?
According to Missouri law, your executor must be at least 18 and of sound mind. The court may reject your executor if he or she is:
- A full-time judge of a Missouri court or a clerk of any court, unless the person is your spouse or a close relative
- A convicted felon
- An alcoholic
Can I appoint someone who lives outside of Missouri?
You may appoint an out-of-state executor. However, that person must designate an administrator who lives in Missouri.
Most people designate an individual as an executor, but you can also name a corporation as your executor, such as a bank or trust company. If the company is not located in Missouri, it must apply for a certificate of reciprocity.
What if my executor can not fulfill his or her duties?
When planning your estate, you should name an alternate executor who will assume the role if the person you designate is unable to do so.
If your executor dies while your estate is in probate and you have not named an alternate, the court can appoint an appropriate person. Under Missouri law, your deceased executor’s own executor can not assume the role.
Serving as an estate executor is a tremendous responsibility. When planning for the future, you should designate a qualified person who can handle your estate, as well as a responsible alternate executor.