It is not something people generally like to think about, but it is important that people prepare for their death like they prepare for other aspects of their life that will occur in the future. People will not be able to bring anything with them when they pass away and it is important that the property ends up with the people they want to continue to provide for after their passing.
You can ensure that your wishes occur by having a valid will signed before your passing. Wills allow you to specifically state who will receive what property. It allows you to make uneven gifts to different family members or make charitable contributions that you would be unable to make without a will. However, the will itself does not physically distribute the property. That is done by the executor of the will.
This a very important job and when choosing an executor, it’s important to make an informed decision. It may not be wise to simply name the closest family member as the executor. You need to make sure the person named as executor will be able to handle the responsibilities.
Responsibilities of an executor
The executor will need to have certain qualifications to handle the various parts of the probate process, which include:
- Handling all the paperwork that is associated with probate and the distribution of the assets.
- Managing the beneficiaries named in the will as well as creditors of the estate.
- Organizing their time and the various tasks they need to perform.
- Understanding both the financial aspects and legal aspects of probate.
- Being able to find the appropriate resources when they do not have a particular answer to a particular issue.
When you are drafting a will under Arkansas law, your focus may be on figuring out who you want to receive the property. While that is the main purpose of a will, the will is just a set of directions. The executor of the will is the individual responsible for ensuring that the directions in the will are carried out properly. Experienced attorneys understand the process for both drafting wills and carrying them out through the probate process and may be able to guide you through it.