Generally, when a notarized will is made, a will executor is appointed in the will, and that person will execute the will.
A will executor can be someone who is not an attorney (such as a family member or a friend). However, in my experience, clients often appoint the attorneys who assisted their will creations as will executors. There are following reasons:
(1) If a family member is appointed as the will executor, he/she would be forced to execute the notarized will while also having to organize a funeral. Especially, considering that inheritance tax forms must be filed within 10 months of the deceased’s death, clients may think that it will put too much of a psychological burden on a family member if he/she is appointed as the will executor;
(2) A will executor is subject to legal obligations and responsibilities. Clients do not want to bind their family or friends with those legal obligations and responsibilities;
(3) Because the attorney who assisted in making the notarized will has a good understanding of the client's estates, the contents of the notarized will, and family relationships, etc., the will can be executed smoothly if that attorney is appointed as the will executor;
(4) Generally speaking, by appointing an attorney who is a professional with a duty of ethics in the work, a client can expect an appropriate and smooth execution of a notarized will.
When making a notarized will, an attorney will take into consideration the client's wishes and discuss a right person to be appointed as an executor.
