Can Anyone Serve as the Executor of a New Hampshire Estate?

One of the most important reasons to create a will, regardless of your age or perception of your personal wealth, is to name an executor. This is because this important role is a person who will carry out the administration of your estate after you pass away.

Their primary job is to protect any of the property that you owned until any taxes and debts have been paid and then transfer any remaining property to your heirs who are entitled to it per your wishes.

Every state has rules about who can and cannot serve as an executor of an estate. Bear in mind that just because someone does meet the statutory grounds to serve as an executor doesn’t mean they want to serve in this role or that they’ll be successful in doing so.

The basic requirements for serving as an executor in New Hampshire are that this person must be of sound mind, meaning that they have not been judged incapacitated by any court, per New Hampshire RSA 21:44,533:4. There is no statute prohibiting a person from naming an executor who has been convicted of a felony in New Hampshire.

The other requirement for an executor in New Hampshire is that the party be at least 18 years old. Potential executors can be rejected by the courts in New Hampshire when they have a conflict of interest or for any reason found to be unsuitable for serving in this role or lack the ability to make sound judgements.

Need help writing your own will or changing who is named as an executor in your current will? Our NH estate planning law firm can help.

 

 

Woman signing paperwork naming an executor to her estate.

How to Make Things Easier for Your Executor

When you name someone as the executor of your estate, you are sending a message that you trust them significantly because this person is responsible for handling all of your affairs when you are no longer around. You are also passing on a lot of tasks and work for this executor because it is a very time-consuming process to wrap up an estate. Woman signing paperwork naming an executor to her estate.

Some of the steps that you take now can make things much easier for your executor and by association, your heirs. The first thing to do is update your trust beneficiary and will designations.

One of the best things you can do for your executor is to leave behind documents that truly reflect your wishes and are easily found after you pass away. Make sure that all beneficiary forms for your retirement accounts, life insurance policies and payable on death designations are fully updated. Be sure that if you’ve created a living trust that all of the relevant assets have been funded inside of it. An executor must also be able to find the documents that you have left behind.

There are legal and financial documents that almost everyone will have or need and these should be organized in one safe place. This can include vehicle titles, birth certificates, divorce decrees, marriage certificates, military discharge paperwork, property tax records, social security records, trust documents, brokerage statements, insurance policies and deeds to real estate.

Where possible, make the extra step to introduce your executor to your professional advisors, such as your life insurance company, brokerage company, bank, and home and auto insurance company. Ensure that some cash is accessible so that your executor can take action sooner rather than later.

Need more help with your estate plan? Set up a time to talk to our law firm about your estate planning program.