When you can't (or shouldn't) serve as executor — hiring a professional

Being named executor is an honor. It is also a job — often a difficult one, taken on at the worst possible moment, by someone whose only qualification is that the deceased trusted them.

If you have been named executor and you don't want to serve, cannot serve, or simply shouldn't serve for the good of the family, you have options. One of them is hiring a professional. Here is when that's the right call and what to look for.

Why people step aside

Executors decline or delegate for entirely legitimate reasons. The common ones:

You live out of state or overseas

Virginia probate requires a "resident agent" with an official Virginia address and an executor who is a US citizen. It can require regular weekday trips to the Circuit Court, the Commissioner of Accounts, the bank, and the property. Out-of-state executors spend time and money flying in, taking time off work, and missing details that a local professional catches immediately. An executor can spend hours and days in calls and follow-ups with financial institutions, life insurance companies, and state and local government offices to resolve questions and complete the distribution of assets. For a nine- to fourteen-month administration, the accumulated travel cost and work disruption is real.

You're grieving

Executor duties start almost immediately after a death, and can be especially demanding in those first 90 days. Asking a grieving spouse, child, or sibling to handle inventories, creditor claims, and asset valuations is asking for mistakes that cost the estate real money. There is no shame in saying the timing is wrong.

Family dynamics are difficult

If beneficiaries are already in tension — siblings who don't speak, a blended family with competing interests, a disputed gift history — an executor who is also a family member is walking into a crossfire. A professional executor has no family stake and makes distributions based on the will and the law, not the relationships. That objectivity is a blessing for families.

The estate is complex

A business that needs winding up, real estate in three states, a collection that needs appraisal, tax filings, retirement account rollovers, Medicaid lien resolution — these are skilled jobs. A family member can learn them, but the learning curve is measured in months and dollars.

You simply don't want to

This reason gets underplayed. Executor duties are time-consuming, emotionally heavy, and legally exposed. If you don't want to serve, don't. Declining is a perfectly valid choice, and the will usually names alternates or allows the court to appoint someone else.

What a professional executor actually does

A professional estate executor — sometimes called a fiduciary, a personal representative, or in Virginia an administrator — steps into the executor role and handles the administration from qualification through closing. Specifically:

• Qualifies with the Circuit Court and posts any required bond
• Identifies, inventories, and values estate assets
• Opens and manages the estate bank account
• Secures the home and personal property
• Publishes the required creditor notices
• Reviews, negotiates, and pays valid creditor claims
• Files the decedent's final income tax return and any estate income tax returns
• Coordinates with appraisers, accountants, and realtors
• Sells real estate or business interests per the will's instructions
• Files inventories and accountings with the Commissioner of Accounts on schedule
• Communicates with beneficiaries throughout
• Makes final distributions and closes the estate

A good professional executor also absorbs the operational noise — the phone calls from banks asking for documents, the creditor disputes, the family member who wants an update weekly. That absorption alone is often worth the fee.

How they're paid

Virginia allows executors — professional or not — to receive "reasonable compensation" for their services. For professionals, that typically takes one of three forms:

1. Percentage of estate value. The traditional method. Typically in the 2–5% range, often graduated so larger estates pay smaller percentages. Paid from estate assets, not by the beneficiaries personally.
2. Hourly rate. Common for smaller estates where a percentage fee would be disproportionate. The executor tracks time and bills the estate.
3. Flat fee. Negotiated upfront based on the complexity of the estate. Preferred by families who want predictability.

All professional executor fees are subject to review by the Commissioner of Accounts. An unreasonable fee will be reduced.

Court-appointed vs. contracted executors

There are two pathways to bringing in a professional.

Named in the will

If you're planning ahead, you can name a professional executor directly in your will — either as primary or as an alternate if your first choice cannot serve. This is the cleanest path. The professional steps in immediately upon your death and begins work.

Appointed by the court

If no executor is named — or the named executors decline — the court can appoint an administrator. In Virginia, this is typically requested by a family member or beneficiary. Courts frequently appoint qualified professionals when no suitable family member is available or willing.

Rebecca Lawrence, who consults with GoldBridge, is a court-appointed estate executor and administrator based in Virginia, and her work covers both paths — serving as a named executor in estate plans and stepping in as a court-appointed administrator when circumstances require it.

What to look for in a professional executor

A good professional executor has four qualifications, not just one.

1. Fiduciary experience

The executor is a fiduciary — legally required to act in the estate's best interest, with a duty of care and loyalty. A qualified professional has served in fiduciary roles before and understands what that duty looks like in practice.

2. Virginia (or New Hampshire, if applicable) experience

Every state's probate is different. You want someone who has worked with your specific Commissioner of Accounts, your specific Circuit Court, your specific regional practices. Process knowledge saves real time.

3. Financial and legal literacy

Estate work touches tax law, business law, real estate, insurance, and retirement accounts. The executor doesn't have to be an expert in each, but they need to know when to bring in one — and they need to speak the language well enough to coordinate.

4. Temperament for family work

A professional executor who cannot communicate calmly with grieving family members will make a hard situation harder. This is a soft skill, but it matters enormously. Ask for references from prior families, not just prior attorneys.

When it's not worth it

A professional executor is not the right fit for every estate. If the estate is small (under $75,000), simple (a checking account, a car, a modest home), and family relationships are healthy, the named executor will usually do fine with attorney guidance. The professional fee would eat disproportionately into what the beneficiaries receive.

The rule of thumb: professional executors typically pay for themselves when the estate is over about $150,000, when it involves meaningful financial complexity, or when family tension would otherwise turn probate administration into conflict.

This article provides general information for Virginia and New Hampshire residents and is not legal advice. Executor appointments are specific to each estate's will and facts — please consult an attorney before declining to serve or engaging a professional.