If you create a will without naming an executor, the consequences can be significant.
Actually also known as Holograph Will, this usually handwritten will, causes more problems than you can imagine.
For one, the probate court will need to appoint an executor, which can be a lengthy and expensive process.
Plus the court-appointed executor may not be someone that you would have chosen, and they may not have known your wishes and intentions as someone you know and trust.
Arguments and fights may (probably will) arise between beneficiaries, and it may be difficult to manage the various assets and debts of the estate without an appointed executor to oversee the process.
Before writing a will without an executor, it is essential to take the time to carefully consider who you would like to appoint.
When choosing an executor, it is important to select someone who is trustworthy, organized, and capable of handling the responsibilities involved.
This is a big favor which takes up a lot of time.
On average over 100 hours and 18-24 months sometimes longer to settle the estate.
You may also want to consider naming a backup executor in case your first choice is unable or unwilling to do the job.
This can help ensure that the probate court does not need to appoint someone that you would not have chosen.
When creating your will, it is also a good idea to discuss your wishes with your executor ahead of time.
Let them know where the will be kept or give them a copy. Let them know where your digital assets for example logins and passwords will be kept.
But most importantly let them know your intentions and are prepared to carry out your wishes.
Can I create a will without naming an executor?
Yes, it is possible to create a will without naming an executor, but it is not recommended as it can lead to complications and delays in distributing the estate.
Who will handle my estate if I don't name an executor in my will?
If you do not name an executor in your will, the probate court will appoint someone to administer your estate.
Can the court-appointed executor be someone I know?
It is possible, but not guaranteed. The probate court may appoint someone who is not familiar with your wishes and intentions.
Can the court-appointed executor be challenged?
It is possible to challenge the court-appointed executor, but it can be a difficult and costly process.
Can I change my executor after creating my will?
Yes, you can change your executor at any time by updating your will.
Should I name a backup executor in my will?
Yes, it is a good idea to name a backup executor in case your first choice is unable or unwilling to serve.
Can I discuss my wishes with my executor before creating my will?
Yes, it is recommended to discuss your wishes with your chosen executor to ensure they are aware of your intentions and prepared to carry out your wishes.
Plus you should discuss where you keep all your digital assets as well. (ie, logins & passwords)