Navigating estate planning can be complex, especially when you’re faced with choosing an executor for your will or trust, and you have no family to rely on. At McBrien Armistead Law Group, we’re here to guide you through this process, providing clarity on Tennessee law and who can serve as your executor.
Who Can Be an Executor If You Have No Family?
In Tennessee, you still have options if you don’t have a family member to serve as the executor of your will or trust. An executor, a personal representative, is considered a fiduciary. This means they hold a legal or ethical relationship of trust with you or a group of persons.
You could consider appointing a trusted friend, business associate, or even an attorney as your executor. The main criteria are that the person is of legal age, is mentally competent, and is willing to take on the responsibilities involved.
Appointing an Attorney as Executor
Another viable option is appointing an attorney as your executor. Attorneys, particularly those with experience in estate planning and probate law, are well-equipped to handle the complexities of administering an estate. They understand the legal requirements, deadlines, and procedures, which can help ensure your estate is dealt with correctly and efficiently.
Nonresident Executors in Tennessee
Tennessee law allows for a nonresident to serve as an executor, provided you name an in-state coexecutor and the nonresident appoints the secretary of state as an agent to accept service of process in all actions or proceedings concerning the estate. This ensures there’s always someone within the state who can handle any necessary legal steps.
What Happens If You Don’t Appoint an Executor?
Tennessee’s intestate succession laws come into play if you pass away without appointing an executor or without a will entirely. In this case, the probate court can select someone as a court-appointed representative, known as an administrator.
Final Thoughts
Choosing an executor for your will or trust is a significant decision. It’s important to consider all your options and make a choice that ensures your estate will be handled according to your wishes. At McBrien Armistead Law Group, we provide the guidance you need, helping you navigate the complexities of estate planning and probate law.
