An important step in preparing a will is selecting an executor, called a "personal representative" in Hawaii.  This is someone who will be responsible for settling your estate when the time comes.  The person in this role will be a fiduciary and must carry out the terms of your will and manage your estate. He or she does not have to be a relative, an attorney or financial professional, but should be someone who is willing and able to fulfill all of the duties required with the utmost honesty and diligence.  Knowing the character of the person you select to serve as your personal representative helps to avoid problems such as the mismanagement of your estate.

4 Factors to Consider When Selecting an Executor

1. Ensure Your Choice Qualifies Legally

Almost any adult can serve as your personal representative.  That person might be a spouse, adult child, close friend, or other relative. Under Hawaii law, the person you choose must be at least 18 years old, and of sound mind.  The legal qualifications are not very strict, however you may want to consider whether the person you select is organized and able to follow through on the many duties and responsibilities required of a personal representative. 

2. Consider Trust & Responsibility

Your personal representative has many important responsibilities.  The general duties of a personal representative are to collect your assets, protect your property, pay your ongoing and unpaid debts, file and pay taxes, keep accurate records, and ensure that the remaining assets are distributed according to the terms of the will.  In carrying out these duties, your personal representative must always act in the best interests of your estate and your beneficiaries, those who are entitled to receive property under your will.

3. Name an Alternate or Successor

It is always wise to name a second person to serve as an alternate, or a successor personal representative. If the first person you nominate is unable or unwilling to serve (for whatever reason), or becomes incapable of completing their tasks, you will want to have a second person named to take the place of the first named representative.  Having this safeguard could avoid court involvement in naming a successor, and save the estate time and money. It is also good practice to review your will periodically to ensure that the persons you named in your will are still able and willing to accept the role of personal representative.

4. Think About Personal Traits

Although the person you want to choose might be a favorite nephew or a dear friend, that person may not always be your best choice.  Consider whether your choice for personal representative is someone who is organized, patient with people, and has sound money management skills.  Select a personal representative you believe will work diligently to settle your estate, communicate effectively with everyone involved, and deal fairly with family members and other beneficiaries.

Once you’ve selected your executor, contact the legal team at the Law Office of Dawn N. Murata LLLC, in Lihue, Hawaii, to draft your will. These professionals are led by Dawn N. Murata, who has over 20 years of industry experience. This locally owned law firm offers Kauai residents efficient service in drafting wills and trusts as well as providing counsel regarding probate. View their services online, or call (808) 245-4572 to schedule a consultation with an estate planning attorney.