CONTRIBUTED CONTENT - Choosing who's in charge: Picking the right personal representative and trustee

When people build an estate plan, almost all of their attention goes to the what — who gets the house, how the accounts are divided, what the trust says. Far less goes to the who: the people who will carry the plan out. Yet a flawless plan in the wrong hands can still end in delay, conflict, and expense.

Here's how to think about the people you put in charge.

The Roles You're Filling

Two key positions handle your affairs after death or during incapacity.

Your personal representative — what most people call the executor — manages your estate through probate. They gather assets, pay debts and taxes, handle creditors, and distribute what remains under your will. In Idaho, this is a court-appointed role governed by the Uniform Probate Code, but you get to name who this will be in you last will and testament.

Your successor trustee steps in to manage your living trust if you become incapacitated and will be in charge of your trust after your death. They administer trust assets and distribute them according to your instructions — typically without court involvement.

Often, the same person fills both roles. And, usually an estate controlled by a living trust is designed to avoid the need for probate altogether, meaning only the trustee position will actually be utilized. Either way, the qualities that make someone right for the job are the same.

Qualities That Actually Matter

The best fiduciary isn't necessarily your oldest child or your closest friend. Look for someone who is:

• Trustworthy and honest. This person will handle significant money with limited oversight. Integrity is non-negotiable.

• Organized and responsible. The role involves deadlines, paperwork, recordkeeping, and follow-through over many months.

• Level-headed. They'll often be working amid grief and, sometimes, family tension. Calm judgment matters.

• Financially capable. They don't need to be an expert — they can hire accountants and attorneys — but basic financial literacy helps.

• A good communicator. Keeping beneficiaries informed prevents most disputes before they start.

It's a Job, Not an Honor

One of the most common mistakes I see is treating these appointments as a way to recognize someone or avoid hurt feelings. For example, naming all your children as co-trustees to keep things "equal" can backfire, producing deadlock and resentment instead of harmony. If you are going to name multiple people to serve in these roles jointly, do so because they can and will work well together – not just because you don’t want to hurt someone’s feelings.

This is real work carrying real legal responsibility. Under Idaho law, a personal representative is held to the same fiduciary standard of care as a trustee — meaning they can be held personally liable for mishandling the estate. Choose someone genuinely willing and able to shoulder that.

Idaho-Specific Considerations

A few Idaho rules are worth knowing as you decide:

• Out-of-state is allowed. Idaho permits a non-resident to serve as personal representative, but the court can require them to designate an Idaho resident as agent for service of process.

• Bond is usually waived. Most well-drafted Idaho wills waive the bond requirement, which saves money — but it also removes a layer of protection, so trustworthiness matters even more.

• Professionals are an option. If no family member fits — or your estate is large or complex — you can name a bank, trust company, or professional fiduciary. They charge fees but bring neutrality and expertise.

• Compensation is allowed. Idaho law provides for "reasonable compensation," so the role need not be a thankless, unpaid burden.

Name Backups — and Ask First

Always name at least one alternate for each role. People move, fall ill, pass away, or simply decline to serve when the time comes. A plan with no backup can force your family into court for the appointment you were trying to avoid.

And have the conversation now. Tell the people you've chosen, make sure they're willing, and let them know where your documents are. Being named without warning is a difficult position to be put in.

The Bottom Line

Your plan is only as good as the people who carry it out. Choose them as carefully as you decide who inherits — and revisit those choices as relationships and circumstances change.

My law firm is currently offering free telephonic, electronic, or in-person consultations concerning probating estates or creating estate planning documents.

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Robert J. Green is an Elder Law, Trust, Estate, & Guardianship Attorney and the owner of Kootenai Law Group, PLLC in Coeur d’Alene. If you have questions about estate planning, probates, wills, trusts, powers of attorney, guardianships, Medicaid planning, or VA Benefit planning, contact Kootenai Law at 208-765-6555, [email protected], or visit www.KootenaiLaw.com.

This has been presented as general information and not as legal advice. Do not engage in legal decision-making without the advice of a competent attorney after discussion of your specific circumstances.