Should an heir also be the executor of an estate?

Isn’t that a conflict of interest since they are to benefit from the proceeds?

Asked on March 1, 2012 under Estate Planning, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

That is a really great question.  But no, there is no inherent conflict of interest for a beneficiary to be the executor of an estate.  The executor of an estate is usually a reusted family member and often a beneficiary of the estate.  The executor has a fiduciary role and is held to a very high standar.  There are checks and balances with in the law in the state in which they serve and methods for the other beneficiaries to legally keep an eye on things.  Good luck.


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