Creating a will is an important step in estate planning, and choosing the right executor is equally crucial. In Mississippi, an executor (also known as a personal representative) plays a significant role in managing an estate, paying debts, and distributing assets according to the wishes of the deceased. Choosing the wrong executor can lead to delays, legal disputes, or mismanagement of the estate. At Gregory D. Keenum, PA, we help clients in Booneville make informed decisions about who to appoint as executor to ensure a smooth and legal administration of their estate.

What Does an Executor Do Under Mississippi Law?

Under Mississippi Code § 91-7-1, an executor has a fiduciary duty, meaning they must act in the best interests of the estate and its beneficiaries. Some key responsibilities include:

• Filing the will with the Chancery Court for probate.
• Inventorying and safeguarding the estate’s assets.
• Paying valid debts, taxes, and administrative expenses.
• Distributing the remaining assets to the beneficiaries according to the instructions in the will.

Because these duties require attention to detail, financial responsibility, and sometimes legal knowledge, it is essential to select a trustworthy and capable person.

Qualities to Look for in an Executor

When selecting an executor for your Mississippi will, consider the following qualities:

Trustworthiness and Integrity

Your executor should be someone you completely trust to follow your instructions and act ethically. As they will be managing significant assets, their honesty and reliability are essential.

Organizational Skills

Managing an estate requires handling a lot of paperwork, meeting deadlines, and coordinating with banks, courts, and beneficiaries. A good executor should be meticulous and capable of managing administrative tasks efficiently.

Availability and Willingness

The person you choose should be both willing and able to serve. Before making a final decision, discuss the role with them to ensure they understand their responsibilities and are prepared to fulfil them.

Residency Considerations

While Mississippi law does not require an executor to be a resident of the state, practical considerations such as attending court hearings and managing local property can make it more convenient to name someone who resides nearby. The Mississippi Code § 91-7-3 outlines the qualifications for executors, including that they must not be minors or individuals with an unsound mind.

Common Mistakes to Avoid

Many people default to naming a spouse or eldest child as executor of their estate, without considering whether that person is truly qualified for the role. This can lead to complications if the primary executor is unavailable or unwilling to fulfill their duties. 

Mississippi law allows individuals to name alternate executors in their will, which is a wise step to prevent court-appointed administrators from taking over if the primary executive cannot or will not serve. Alternate executives can ensure that your wishes are followed and your estate is managed according to your intentions.

When to Choose a Professional Executor

For complex estates, blended families, or situations where there is potential for conflict, it may be beneficial to consider appointing a professional fiduciary. This could include the trust department of a bank or an experienced attorney. These professionals bring neutrality and expertise to the situation, which is critical when emotions are high and assets are significant.

At Gregory D. Keenum, PA, we often advise clients in Booneville and throughout Mississippi about whether a family member or professional would best serve the needs of their estate. Our firm can also act as executor or work alongside a chosen individual to ensure compliance with all legal requirements.

Choosing Wisely Protects Your Legacy

Choosing the right executor for your estate is not a mere formality. It is a strategic decision that can have a significant impact on how efficiently and faithfully your final wishes are carried out. Choosing a well-qualified and reliable executor can help ensure that your legacy is honored, minimize family conflict, and avoid potential legal complications.

If you’re drafting or revising your will in Mississippi, please don’t leave this important decision to chance. Contact Gregory D. Keenum, PA, today for personalized assistance in selecting an executor and creating a comprehensive estate plan that will protect your loved ones and preserve your legacy. With decades of experience in trusts in Booneville, our team is here to ensure that your estate plan is both legally sound and aligned with your wishes.