Do I Have to Name an Executor in My Will in New Jersey?

Every adult in New Jersey should have a comprehensive will in place. A valid will in New Jersey does not strictly require you to name an executor. Leaving this role unfilled can create procedural complications. Indeed, without a designated executor, the probate court will appoint an administrator to handle your estate. That can lead to delays and other problems. Here, our New Jersey estate planning attorney highlights the key points to know about naming an executor as part of your will.

What is an Executor? 

Broadly explained, an executor is the person you appoint in your will to administer your estate after you pass away. In New Jersey, the executor is responsible for tasks such as gathering assets, paying debts and taxes, and distributing property to beneficiaries. The role requires organization, honesty, and the ability to follow legal procedures that are required by the probate process.

You are Not Required By Law to Name an Executor 

New Jersey has certain legal requirements for a will to be a valid document. However, naming an executor is not one of them. If you do not designate one, the Surrogate’s Court will appoint an administrator to manage your estate. While this ensures your estate is still settled, you lose the ability to choose who will handle your affairs. Still, your will is not declared invalid for lack of an executor. The same is true if you choose an executor who cannot (or will not) take on the position. The court will appoint an alternate.

Naming an Executor is the Best Choice 

Although it is not legally required, naming an executor in your will is a best practice in New Jersey estate planning. Doing so helps to make sure that you have someone you trust to oversee the probate process and carry out your wishes. A named executor can begin working quickly after your death. The estate administration process in New Jersey works better with the right executor.

How to Select the Right Executor

Selecting the right executor requires careful consideration. It is best to choose someone with integrity, strong organizational skills, and the ability to navigate legal and financial responsibilities. Many people select a spouse, adult child, trusted friend, or professional fiduciary. You should consider whether the person has the time, willingness, and ability to handle potentially complex probate matters. Not sure who is the best choice for your situation? An experienced New Jersey estate planning attorney can help you evaluate your options.

Consult With Our New Jersey Estate Planning Attorney Today

At Poulos LoPiccolo PC, our New Jersey estate planning lawyer has the knowledge, the skills, and the experience that you can trust. If you have any questions about naming an executor for your will, please do not hesitate to contact us today for a completely confidential consultation. From our Monmouth County office, we provide estate planning support all across New Jersey.