Only the following states recognize some form of common law marriage: Alabama, Colorado, District of Columbia, Georgia (if valid before January 1, 1997), Idaho (if valid before January 1, 1996), Iowa, Kansas, Montana, New Hampshire, Ohio (if valid before October 10, 1991), Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, Utah. Please ensure that you are considered married based on the laws of your state.
The executor is your chosen personal representative for the administration of your estate. A spouse is a good choice for executor as long as your spouse would be able to deal with the administration of your estate.