What Is the Most Important Decision in Estate Planning?

Estate planning is about deciding what happens to your stuff after you’re gone. Stuff like your money, house, or favorite things.

In planning your estate, you make lots of decisions—like who gets what or how to save on taxes, but what’s the most important decision? For most people, it’s picking the person who will manage your estate and carry out your wishes.

The Cornerstone of Your Plan: Naming an Executor or Trustee

Your estate plan needs a special helper. This person is called an executor if you have a will, or a trustee if you use a trust. Your executor or trustee makes sure your stuff goes to the right people. They pay any bills you owe and follow any other directions you leave in your will or trust. 

At its core, estate planning is about control—control over your assets, your legacy, and the well-being of those you care about. The person (or people) you appoint to oversee this process—whether it’s an executor of your will or a trustee of a trust—holds the keys to making it all happen. This individual ensures your property is distributed as you intended, your debts are settled, and any final instructions are followed.

Why is this choice so critical? Because no matter how detailed your will or trust is, its success hinges on the person executing it. A reliable, trustworthy, and capable executor or trustee can navigate legal complexities, manage family dynamics, and handle unexpected challenges. Conversely, a poor choice—someone disorganized, biased, or unprepared—can lead to delays, disputes, or even costly mistakes that undermine your plan.

How to Choose Wisely

So, how do you pick the right person? Here are a few key considerations:

• Reliability: Look for someone organized and responsible, with a track record of handling complex tasks.

• Impartiality: If family tensions exist, consider someone neutral—like a close friend or a professional fiduciary—over a relative who might face conflicts of interest.

• Capability: Do they have the financial or legal savvy to manage your estate? For larger or more complicated estates, a professional trustee (like an attorney or bank) might be worth considering.

• Willingness: Always ask the person first. Serving as an executor or trustee is a big responsibility, and they need to be ready to take it on.

• Trustworthiness: Even if the person you choose has all of the above qualities, if that person cannot be trusted, he or she may pursue a selfish course at the expense of your wishes or the best interests of your loved ones. 

Final Thoughts

Estate planning is about people, not just papers. The most important decision—picking your trustee or executor—bridges the gap between your wishes and reality. Choosing someone you really trust will lay a foundation for peace of mind, both for yourself and those you leave behind.

References

• American Bar Association. "Probate Process Overview." aba.org.

• Internal Revenue Service. Publication 559: Survivors, Executors, and Administrators.

• Nolo. "Intestate Succession Laws by State." nolo.com

• Uniform Trust Code § 706 (Removal of Trustee).

• Kiplinger. "Choosing a Trustee: What You Need to Know." kiplinger.com.

• Social Security Administration. "Supplemental Security Income (SSI) and Trusts." ssa.gov.

• California Probate Code § 16000 et seq. (example of state rules; change if needed).