When most people think about estate planning, they focus on the documents: wills, trusts, powers of attorney. But few realize that even the most carefully drafted estate plan can unravel if the wrong person is put in charge of carrying it out.
That person is your executor (or successor trustee, in the case of a trust)—and their role is more than symbolic. They are the one tasked with collecting your assets, paying debts and taxes, distributing inheritances, and ensuring your wishes are honored.
But what happens when your executor can’t—or won’t—do the job?
When Good Plans Go Bad
In practice, we see the fallout of poor fiduciary choices far too often. Sometimes, the person named has passed away or become incapacitated. Other times, they’re overwhelmed by the scope of the work, live out of state, or are simply unresponsive. In more difficult situations, an executor might be legally disqualified, mismanage funds, or stir up family conflict.
The result? Delays, unnecessary court involvement, legal disputes, wasted assets, and immense emotional strain on surviving loved ones.
This is the quiet crisis of estate planning: a well-drafted plan rendered ineffective by a poor fiduciary appointment.
Traits of a Strong Executor
Appointing the right person isn’t about choosing who you love most. It’s about who can do the job. A strong executor or trustee should be:
-Organized and detail-oriented
-Able to communicate effectively and neutrally
-Capable of managing financial matters (or hiring help when needed)
-Trusted to act with integrity and without personal bias
Geography, age, and availability should also factor into your decision—someone with a full-time job and young children might not realistically have the bandwidth, even if they care deeply.
Plan B (and C): Structuring Backups
Every estate plan should include successor fiduciaries. Life is unpredictable—your primary choice may become unavailable or decline to serve. Naming at least two backups provides a legal safety net and helps avoid unnecessary court intervention.
You can also consider co-executors (although this can be risky if not done carefully) or give a trusted individual the power to appoint a third-party professional if needed.
When Family Isn’t the Right Fit
In some cases, the best decision may be to name a corporate fiduciary—a bank, trust company, or professional fiduciary licensed to administer estates and trusts. While they charge fees, they bring neutrality, experience, and structure, which can be particularly helpful in high-conflict families, blended family situations, or large or complex estates.
The Bottom Line
An estate plan is only as strong as the people chosen to carry it out. Take the time to consider who is truly fit for the job—and be willing to think beyond tradition or obligation. Your executor doesn’t need to be a family member. They need to be the person who will protect your wishes and minimize stress for your loved ones when it matters most.