Many Edina parents and homeowners sit down to sign a will, then freeze when they reach the line that asks them to name an executor. They picture their kids, their siblings, or a trusted friend, and suddenly worry about burdening someone or accidentally creating tension in the family. The signature pen hovers, and the question becomes less about a blank on the form and more about who they actually trust to carry out their wishes when they are not here to explain.
That hesitation is understandable. The person you name as executor, called a personal representative under Minnesota law, will be responsible for guiding your estate through probate, handling money, and communicating with your family at a difficult time. Choosing the wrong person can mean delays, confusion, and conflict, especially when emotions are high. Choosing the right person can make the process calmer and more organized for everyone involved.
At Guttman Law, we focus exclusively on Minnesota estate planning, estate administration, and probate, and we work with personal representatives every day, including many whose loved ones lived in Edina. We see firsthand who thrives in the role and where things break down in real cases. In this guide, we share how we help clients think through executor choices, so you can name someone who fits your family, your assets, and your goals for the future.
What an Executor Does for a Minnesota Estate
In Minnesota, the legal term for an executor is personal representative, but the core idea is the same. This is the person the probate court appoints to carry out the instructions in your will and to wrap up your legal and financial affairs. For an Edina resident, that usually means opening a probate case in Hennepin County and working within that court’s procedures until the estate is fully administered.
The personal representative’s work starts with locating your original will and filing the appropriate paperwork with the court. Once appointed, they must gather information about your assets and debts. That can include bank and investment accounts, life insurance payable to the estate, retirement plans that do not have living beneficiaries, real estate in and around Edina, and any personal property of value. They also need to identify and notify heirs and beneficiaries listed in your will.
From there, the role becomes highly practical. The personal representative secures property, which might mean changing locks on a house, arranging for snow removal, or making sure insurance stays in place. They create an inventory of assets and, with guidance from legal and tax professionals, pay valid debts and final income taxes. Only after those steps can they distribute what remains in line with your will. In a straightforward Minnesota estate, this work often spans several months, and in more complex situations it can extend beyond a year.
All of this takes place under what is called a fiduciary duty. That means the personal representative must act in the best interests of the estate and its beneficiaries, follow your will, and comply with Minnesota law. If they ignore court deadlines, mishandle funds, or favor themselves over other heirs, they can face personal liability. At Guttman Law, we regularly guide personal representatives through these Hennepin County steps, and our day to day experience shapes the criteria we suggest clients use when they choose an executor.
Why Your Executor Choice Matters More Than You Think
Because the executor line on a will looks simple, many people assume any responsible adult in the family can fill it in without much thought. The most common pattern we see is naming the oldest child by default, or the closest sibling, simply because it feels natural. That choice sometimes works well, but when it does not, the ripple effects are felt for months across the entire family.
When the fit is good, the process can feel surprisingly manageable. A capable executor responds to court and attorney requests on time, communicates regularly with siblings or other beneficiaries, and stays focused on following the will rather than relitigating family history. For an Edina estate, that might mean efficiently arranging the sale of the family home, keeping everyone informed about offers, and calmly explaining that certain bills must be paid before distributions can be made.
On the other hand, a poorly chosen executor can unintentionally make a hard time much harder. We see situations where the personal representative is overwhelmed by paperwork, avoids difficult conversations, or delays decisions about the house or investments. In Minnesota probate, those delays can contribute to missed court deadlines, additional hearings, or disputes between heirs about what should happen next. When one sibling is executor and has a history of conflict with others, every decision can be viewed through a lens of suspicion, even when they are doing their best.
The executor becomes the main point of contact for both the court and the law firm and is the person your family looks to for answers. They will need to make judgment calls within the framework of your will, such as how to handle personal items you did not list individually, or when to sell a property. That is why we encourage clients not to treat this as a ceremonial title. It is a working role, and a thoughtful choice can greatly reduce stress and confusion for your loved ones.
Key Traits to Look For in an Executor for Your Edina Estate
Once you understand the work involved, the question becomes less “Who is oldest?” and more “Who is best suited to do this job?” One of the first traits we encourage clients to consider is reliability. The right executor follows through, returns calls, and pays attention to details. In Hennepin County probate, there are forms to file and deadlines to meet. Someone who routinely misplaces bills or ignores time sensitive tasks in their own life is unlikely to thrive in this role.
Organization and basic financial comfort come next. An executor for an Edina estate will likely deal with multiple accounts, statements, and legal documents. They do not need to be a financial professional, but they should be comfortable reading statements, tracking what has been done, and working with a tax preparer when it is time to file final returns. If that person already handles their own finances responsibly and keeps their paperwork in good order, that is a positive sign.
Communication skills are just as important. The executor will be the one explaining the process to your beneficiaries, many of whom may not understand terms like probate or inventory. They will need to deliver both good news and unwelcome updates, such as when an asset is worth less than expected or a creditor claim must be paid before anyone can receive distributions. Someone who can speak calmly, listen to concerns, and avoid escalating disagreements will usually manage family expectations better.
Temperament matters even more in families where there has been conflict. If you have children with very different financial situations or worldviews, it may be unwise to appoint the one who often argues with siblings at holidays. Look for the person who is generally seen as fair, even if they are not the most outspoken. Finally, consider geography. In many estates, it is very helpful to have a personal representative who can easily be present at the Edina property, meet with local realtors, and handle in person tasks. An out of state executor can serve in Minnesota, but travel and distance add layers of coordination that not everyone has the time or energy to manage.
Our planning conversations dig into these traits in the context of your actual family, rather than handing you a generic list. We talk through specific names with you, how each person might handle the responsibilities, and how their strengths and weaknesses line up with your estate. That kind of detailed, personalized discussion often leads clients to a different choice than their first instinct, and they are usually relieved once the reasoning is clear.
How Family Dynamics and Estate Complexity Shape the Best Choice
Not all estates, or families, are created equal. If you have a straightforward situation with one or two adult children who get along well and similar inheritances, you may have several good candidates. But in many Edina families we work with, there are blended families, children from different marriages, or beneficiaries with very different financial needs. Those dynamics can dramatically change who is best suited to serve as executor.
Consider a blended family where a second spouse continues to live in the Edina home and children from a first marriage live out of state. The executor will be the one balancing the surviving spouse’s need for stability with the children’s desire to receive their inheritance. Naming one of the adult children as executor may make sense in some cases, but if there is long standing tension with the step parent, that choice can inflame old conflicts. In other situations, a trusted person who is viewed as neutral by all sides may be a better fit.
Estate complexity also matters. If you own a small business, rental property, or significant investment accounts, the personal representative will be responsible for maintaining and, at times, selling or winding down those assets. Someone who has never looked at a financial statement and is uncomfortable asking questions may not be the right person to oversee that process, even if they are a loving child. On the other hand, a family member who regularly makes sound financial decisions in their own life may be better positioned to work with accountants, financial advisors, and legal counsel.
Some families benefit from choosing an executor who is not a primary beneficiary. For example, an extended family member or long time friend who has strong organizational skills and is respected by everyone may be able to manage an equal distribution between siblings more smoothly than any one sibling could. In higher conflict situations, or where there are significant business assets, clients sometimes consider using a professional fiduciary, which we discuss further below.
We often invite the proposed executor or key beneficiaries into planning meetings, with the client’s permission. These conversations can bring unspoken concerns to the surface and allow the family to work through them while you are still able to share your reasoning. That kind of openness often leads to better choices and fewer surprises when the estate is eventually administered.
Family Member, Friend, or Professional: Comparing Your Options
Most Edina clients begin by thinking about family members, and for many estates, a spouse or adult child is the right answer. A close family member usually has a strong sense of your values and wishes, which can be invaluable when the will leaves room for judgment. They also have a built in incentive to manage the estate carefully, since they are often also a beneficiary. The downside is the emotional weight that comes with handling a loved one’s affairs, especially while grieving.
Trusted friends are another option. A friend who has known you for decades, understands your priorities, and has a calm, practical personality can sometimes serve more smoothly than any relative. Friends may also be perceived as more neutral in blended families or among siblings who have long standing rivalries. The main questions to consider are age, health, and whether the friend is likely to be willing and able to take on the role when the time comes.
Professional executors, such as corporate fiduciaries or institutional trustees, play an important role in certain estates. They bring experience, systems, and neutrality, which can be especially valuable where there is significant wealth, complex business interests, or deep family conflict. The tradeoff is cost and a more formal relationship. Many clients are comfortable with this tradeoff when the estate is large or the family is high conflict, while others prefer to keep the role within the family and rely on professional advisors, such as our firm, for guidance.
Co executors are a common attempt to be fair, often seen when parents decide to name all children together. On paper this can look balanced, but in practice it often creates challenges. Co executors must coordinate on decisions and, in some situations, both sign documents or agree on timing. If they disagree or one is much more involved than the other, the estate can bog down. For that reason, we usually encourage clients to think carefully before naming co executors solely in the name of fairness.
Whatever path you choose, it is wise to name at least one backup or successor executor. Life changes, and even a well chosen primary executor can become unable or unwilling to serve by the time they are needed. When we work through these options with clients, we look at your assets, your family, and your goals, so that the structure you choose reflects your reality instead of a generic template.
Talking With Your Chosen Executor Before You Sign
Once you have narrowed down your choice, the next step is a conversation that many people skip. Asking your proposed executor if they are willing to serve gives them a chance to understand the role and say yes or no with clear eyes. It also gives you a sense of how they react to the responsibility. Someone who asks thoughtful questions and wants to understand the process is often a better fit than someone who quickly agrees without wanting details.
In that conversation, it helps to share the basics of what the role involves, including that they will work with an attorney, file paperwork with the court, gather and protect assets, and eventually distribute property according to your will. You can let them know where you keep your estate planning documents, a general sense of your assets, and any sensitive family issues you would like them to be aware of. Many clients also find relief in explaining why they chose that person, especially if the decision might surprise other family members later.
For some families, bringing the proposed executor and key beneficiaries into a meeting with us can be valuable. In that setting, we can walk everyone through the plan in plain language, explain what the executor will and will not be expected to do, and answer questions. When families understand the structure and the reasoning behind it, they are often more accepting, even if they are not the person named.
Executor choices do not need to be permanent. Relationships, health, and geography change over time. Someone who is a perfect candidate at age 45 may not be the best choice at 75, and vice versa. This is one reason we offer complimentary periodic review meetings. We sit down with clients to see whether the people they named years ago are still the right fit and make adjustments when needed, so the legal documents keep up with real life.
How We Support the Executor You Choose
Many clients feel better about naming an executor once they understand that their chosen person will not be left to navigate Minnesota probate alone. When an Edina client passes away and we are contacted by the personal representative, our work typically starts with reviewing the will, explaining the probate options, and preparing the filings needed to have the executor formally appointed by the court. From there, we outline the main stages of administration, so the personal representative knows what to expect.
Throughout the process, we help prepare and review required inventories, guide the personal representative on how to handle creditor claims, and advise on timing for selling real estate or other assets. We also help interpret the will in gray areas and work to ensure that distributions are made in a way that is consistent with both the document and Minnesota law. Having a firm that already knows the plan, the family structure, and the client’s goals streamlines this work. The executor is not starting from scratch with a stranger.
A key part of our approach is open communication. We do not charge for estate plan related phone consultations, which means clients and, later, their personal representatives can call with questions without worrying that every call adds a fee. During estate administration, this approach encourages executors to ask questions early when something is unclear, rather than guessing or delaying. In our experience, that reduces mistakes and lowers stress for everyone involved.
Because we focus exclusively on estate planning, estate administration, and probate, we stay current with Minnesota procedures and expectations. We bring that knowledge into every conversation with executors, whether the question is as simple as how to title a check or as complex as dealing with a contested claim. Our goal is to be a long term partner for both you and the person you entrust with your estate, from the moment you sign your plan through the final distribution of assets when the time comes.
Plan Your Edina Estate & Executor Choice With Confidence
Choosing an executor for your Edina estate is not just about filling in a blank with the person you love most or the child who lives closest. It is about matching a demanding, real world role with someone whose skills, temperament, and circumstances fit what your estate will actually require. A thoughtful choice, supported by a clear plan and a legal team that understands Minnesota probate, can spare your family unnecessary stress at an already difficult time.
If you are unsure whom to name, or if you chose an executor years ago and your family or assets have changed, a conversation can bring clarity. At Guttman Law, we offer complimentary consultations to review your existing plan or help you create a new one, and to talk through who is truly the best person to carry out your wishes. When you and your chosen executor understand the plan and know you have ongoing support, the entire process feels more manageable.
Call (612) 324-4055 today to schedule a time to discuss your Edina estate plan and executor choice.