{3 mins to read} As a Trusts & Estates attorney, I have probably written thousands of Wills for people over the years. Wills are important documents that address a client’s most important matters: family, assets, and legacy. One of the most crucial elements of a Will is naming an Executor, who is responsible for carrying out the client’s instructions, ensuring that their final expenses are paid, and that those entitled to the money receive it.
In New York State, people have broad discretion when choosing an Executor, unlike some states that limit potential Executors to local residents. New York doesn’t have a residency requirement – New Yorkers can name people regardless of whether they live in New York, in the US, or in another country. The person must be at least 18 years of age, ideally have no felony convictions, and someone who is a US person, (a US permanent resident residing in New York State, or, a US citizen residing anywhere on the planet. Very often the client will have a good sense of who should be their Executor, and they may even have an idea of who should be a backup — the person who will take over if the first choice to serve as Executor is unable or unwilling to serve. Is there a minimum number of backups that a person should have, or is there a maximum?
The answer to both of these questions is no, with a small caveat that it is incredibly wise to name at least one backup Executor to serve. Sometimes, the Executor simply isn’t interested in serving, finding it to be more work than they are willing to undertake. Sometimes the Executor has died sooner than expected and didn’t survive the client. For this reason, it is ideal to name at least one backup.
On the other hand, I have not seen a limit to the number of backups that people can make. In the Wills I have seen people sign over the years, the average number of backups they name is two: a primary person and one successor Executor, with one alternate Executor. But I have seen them name multiple Executors to serve in order. This is just a matter of the client’s preference, and some people like to plan for every contingency.
In summary, it’s ultimately the client’s choice to determine how many Executors they can name. However, in any situation, giving due consideration to the process and selecting the most appropriate person to serve (both as primary and alternate) is key.
For more information on this topic, please contact me.