If you pass away with a will, the individual you designated as the executor will steer your estate through the probate process per Mississippi probate laws. If you died without a will, or if your will is invalidated, the probate court would appoint someone to perform this role.
Appointing an executor for your estate is one of the most important decisions you can ever make. Keep in mind that this is the person who will be responsible for carrying out your wishes per the provisions of your will. So how do you appoint an executor for your will?
Here are two questions that can help you find the right executor for your will.
Are they qualified?
Mississippi law places certain limits on who can execute a will. For instance, an executor must be at least 18 years old. Additionally, they must not have any limitation (generally intellectual) that can prohibit them from executing your will. In other words, they cannot be mentally ill or suffer from degenerative conditions like dementia.
If you designate an individual who cannot serve this role, the court will most likely disregard your choice and nominate someone else.
Are they dependable?
An executor has lots of responsibilities that they must complete on time as soon as possible. Some of these roles may include:
- Paying off the testator’s debts and probate bills
- Preparing and paying estate taxes
- Identifying the testator’s properties and beneficiaries
- Distributing the testator’s assets per their will
Sometimes, an executor may have to hire an attorney, accountants and financial advisors to help steer the probate process. You want an executor who will act in your best interests and, where necessary, hire the right people to ensure that the probate process is successful.
Learning more about Mississippi estate planning laws can help you safeguard your rights and interests while designating an executor for your will.