Executrix

An executrix is a woman who has been appointed by a testator (someone who dies with a will) to lead the estate administration by executing the provisions established in the last will and testament. 

Although executrix is the feminine version of the masculine term “executor,” it’s important to note that terms like executrix and executor are often used interchangeably when describing a woman who has been appointed by the testator to lead the estate settlement. Other terms that are often used for an executrix include personal representative, liquidator, fiduciary, estate advisor, and many others.

Most testators will name a friend or family member as executrix due to their knowledge of the individuals personal and financial affairs. Common duties with this role include closing bank accounts, paying off debts, filing final tax returns and distributing remaining funds to beneficiaries.

Although executrix is the legal definition of a woman serving as the administrator of the testator’s estate, it is likely that a woman serving in this capacity will just be called the executor.

‍There is no difference between the responsibilities of an executor and an executrix.

Like an executor, the executrix is legally required to follow the wishes of the testator as established in the will. The executrix must act in the best interests of the testator and seek to work to benefit the testator’s estate.

An executrix’s duties may include the following: creating an inventory of the deceased’s assets, closing the deceased’s bank accounts, paying off the deceased’s debts, calculating and filing final estate income taxes, and distributing remaining assets to beneficiaries. 

The executrix will regularly interact with varying institutions and individuals to facilitate collaboration and communication in the closing of the estate. Those institutions and individuals may include the deceased’s surviving family members, heirs and beneficiaries of the estate, estate planning attorneys, CPAs and other tax professionals, banks and trust companies, financial advisors, credit bureaus, government agencies, insurance representatives, probate clerks and judges, funeral companies, real estate agents, and charitable organizations. 

What if there is more than one executrix?

In some cases, two individuals — or even more — may be appointed by the testator to administer the estate after the testator’s passing. If there is more than one executrix, the individuals are then referred to as “executrices.” 

Executrices will work together to complete the probate process and settle the estate. These individuals will perform the same function as one executrix, but having multiple executrices means that the individuals must collaborate with one another in order to walk through the probate process seamlessly. Having multiple estate administrators means that communication is key.

Another term for executrices is co-executrix. So an individual might be referred to as a co-executrix in cases where there are multiple executrices.

Confused? Don’t be. What’s important to remember is that multiple individuals may serve as the executor (or executrix) of an estate.  

How and when to choose an executrix

Choosing an executrix is an important step in creating a will. After all, the executrix is entrusted with the administration of the estate after the testator’s death — so testators should not choose an executrix lightly. 

Testators often will often name family member as executrix due to their knowledge of the individual’s personal and financial affairs. It is most common that the family member is a surviving spouse, adult child, or sibling of the testator.

Another frequent choice when naming an executrix is a close friend or business partner, as those individuals also have personal knowledge of the testator’s estate. 

Some testators choose to name an institutional corporate executor, such as a bank or trust company, to serve as a contingent backup in the event any of the prior selected individuals pre-decease the testator or are otherwise unable or unwilling to serve upon the testator’s death. 

Even if someone is named as executrix, it is not guaranteed or set in stone that the individual will actually serve in that capacity. Any person named or designated as an executrix in a will does not have an obligation to serve in such capacity, and is reserved the right to decline to serve. 

What are the characteristics of an executrix?

How does a testator choose an executrix? The characteristics of an executrix are best described as the general embodiment of a fiduciary. By nature of their responsibilities, common attributes associated with the characteristics of an executrix include: 

• Responsible— navigating the probate process and settling an estate includes a lot of time-sensitive and materially important tasks, and often lasts anywhere from 9-18 months. An executrix must be capable of sustaining a high level of responsibility throughout the course of the entire process to be effective in their role. 
• Organized— An executrix must interact with many different individuals and inventory a large number of assets and accounts. After all, an executrix is entrusted to organize and close the entire estate that an individual created during their lifetime. Managing a task this intensive requires an intentional approach to staying organized. 
• ‍Trustworthy— An executrix is entrusted with the ultimate responsibility of organizing and facilitating the distribution of an estate’s assets. It's imperative that an executrix maintains a level of transparency and accuracy with regards to documenting their actions in the form of understandable estate accountings, probate forms & inheritance reports.
• Selflessness— serving as an executrix requires making thoughtful decisions in the best interests of the testator, the estate and rightful beneficiaries. While personal or professional experience may help impact important decisions, when in doubt, an executrix must consider "what would the [deceased loved one] do in this situation," as opposed to what they might ordinarily do for their own situation.
• Stewardship— Estate settlement usually takes around 9-12 months to complete, but often the process can last years. It's a good idea to appoint someone with a general sense of stewardship to serve as executrix so that they can prudently safeguard & invest any assets throughout that time period to prevent negative financial loss of inheritance to rightful heirs.
• Impartial— It's not uncommon for an executrix or executrices to also be beneficiaries of the estate. In situations when there are other beneficiaries, executrices have a moral and legal obligation to remain impartial with decisions involving any actual or perceived conflicts of interest.
• Loyal— The executrix must be loyal to both the testator as well as the testator’s heirs and beneficiaries. Many individuals keep financial decisions or affairs private, even from close friends or family. Trusting that an executrix will respect and uphold any wishes for privacy after the testator is gone provides enormous peace of mind for the deceased.

John is drafting his will and must appoint an individual — or multiple individuals — to serve as the administrators of the estate after his passing. John has three adult children — Sarah, William, and Aiden —and has been married to his wife, Susan, for fifty years. Although he is still in great health, John wants to ensure that his estate is taken care of in the event of his passing. 

John wants to choose an estate administrator who can be trusted and also has knowledge of John’s personal and financial affairs. John decides to appoint Susan, his wife, as the executrix of the estate. 

Because he doesn’t want Susan to have to handle the burden of serving as the executrix alone, John later amends his will to include Sarah, his only daughter, as a co-executrix. Both Susan and Sarah will serve as the executrices of the estate in the event of John’s passing. 

In the amendment to the will, John stipulates that ABC Bank will serve as the institutional corporate executor if both Susan and Sarah cannot fulfill their role or decide not to serve as the executrices of the estate. 

Having both Susan and Sarah as the named executrices of the estate gives John peace of mind. He knows that his estate will be well-maintained and stewarded after his passing.