How To Choose The Right Executor Or Trustee For Your Maryland Estate

By Melissa N. Paddy, Esq., Liberty Legacy Law Group

When it comes to estate planning, the documents are only half the story. The people you choose to carry out your wishes are just as important — maybe even more so.

Your executor or trustee will be responsible for protecting your assets, following your instructions, and guiding your loved ones through one of the most emotional times in their lives.

Choosing the wrong person can create confusion, conflict, and costly mistakes. Choosing the right one can give your family peace of mind and ensure your legacy is protected exactly as you intended.

Executor (Personal Representative) vs. Trustee: What’s the Difference?

Before you decide who should fill these roles, it’s important to understand what they each do.

• Executor or Personal Representative: This person is named in your will and handles your estate after your death — paying debts, filing taxes, and distributing property according to your will.
• Trustee: This person manages the assets in your trust, often for a longer period of time. They might handle investments, care for property, or provide funds to your beneficiaries over many years.

Sometimes, the same person serves both roles. But in more complex situations, it may make sense to choose different people.

Qualities of a Good Executor or Trustee

It’s tempting to pick your oldest child, your best friend, or a sibling “just to keep it in the family.” But this isn’t a popularity contest — it’s a position of real responsibility.

A good executor or trustee should be:

• Trustworthy. They’ll be managing your finances, property, and personal information.
• Organized. There’s a lot of paperwork, deadlines, and details involved.
• Level-headed. Emotions run high after a loss; you need someone who can stay calm and fair.
• Financially responsible. Ideally, they should understand basic accounting and money management.
• Available. Being an executor or trustee takes time — sometimes months or years.

If you don’t have someone in your family who fits these qualities, that’s okay. You can always appoint a professional fiduciary, attorney, or financial institution.

Common Mistakes When Choosing Executors or Trustees

Here are a few pitfalls we see Maryland families fall into:

• Naming all children as co-executors. It sounds fair, but it often causes delays and disagreements.
• Choosing someone out of guilt. Pick based on ability, not obligation.
• Ignoring location. If your executor lives out of state, it can complicate probate filings and court appearances.
• Failing to name alternates. Always have a backup in case your first choice can’t serve.

Remember — being an executor or trustee is not an honor; it’s a job. Choose someone who will do it well, not just someone who expects to be chosen.

How Maryland Law Affects Your Choice

In Maryland, executors (called personal representatives) must meet certain qualifications. For example, they:

• Must be over 18 years old
• Must not have been convicted of a serious crime
• Must be approved by the Register of Wills in your county

If you choose someone who doesn’t qualify, the court may appoint someone else. That’s why it’s crucial to get professional guidance before finalizing your documents.

How Liberty Legacy Law Group Helps

At Liberty Legacy Law Group, we help Maryland families create estate plans that work in real life — not just on paper.

When it comes to naming executors or trustees, we:

• Walk you through the pros and cons of different choices
• Draft clear instructions to guide your executor or trustee
• Coordinate your will and trust so your roles are consistent
• Help your loved ones understand their duties when the time comes

We know how much trust this role requires — and how much peace it brings when it’s done right.

Final Thoughts

Your executor or trustee is the guardian of your legacy. Choose someone who reflects your values, your work ethic, and your care for the people you love.

Don’t wait until it’s too late to make those decisions thoughtfully.

At Liberty Legacy Law Group, we help Maryland families create estate plans that don’t just divide property — they protect people, preserve relationships, and provide clarity when it’s needed most.

Because a well-chosen executor or trustee doesn’t just manage your estate — they carry out your love. Reach out to our team today to learn more.