The executor you name for your estate will play a key role when you die. While they won’t be the ones deciding what happens to your assets (that’s your job), they will take charge of carrying out the distribution. They’ll also need to do plenty of less appealing jobs, such as talking to your creditors and possibly using some of the money you leave to pay them back.
The world is pretty much your oyster when it comes to who you might choose, but most people tend to pick family members or close friends or pay a legal professional to act as executor. With so much choice, it’s important to know who cannot act as executor:
Anyone under 18 years of age
If you name your minor child as executor, figuring that they’ll be in their 40s by the time they need to act, you should always name a backup who is already over 18 in case you die before your child is legally allowed (and mature enough) to execute your will.
Anyone who is mentally incapable of making the decisions required
Perhaps there is a strong history of dementia in your family. You may want to consider choosing someone outside your family, rather than a sibling who could well be living with dementia by the time you reach your 70s or 80s. You should also avoid choosing anyone who has issues with alcohol or drugs as the probate court might not accept them.
Anyone who has been convicted of a felony
While the court can decide to allow someone with a felony record to execute the estate, it is not a given.
Anyone representing an out-of-state bank
Banks sometimes agree to take on the role of executor, but Nevada only allows banks authorized to operate within the state.
Once you have chosen someone to be your estate’s executor, the next step is to learn how to document your choice. Experienced legal guidance can make sure that your estate plans conform to the law and accomplish your goals.