An executor (also called a “personal representative”) is the person legally responsible for settling someone’s estate after they die. The executor collects assets, pays debts and taxes, and distributes what’s left to the heirs — under the supervision of the probate court. It’s a significant job, often taking 6 to 18 months and requiring real attention. Choosing the right executor (and being a good one if you’re asked) makes the entire estate-settling process easier for everyone.
What an Executor Actually Does
- Locates the will — finds the original signed document (not a copy)
- Files the will with the probate court — usually in the county where the deceased lived. Most states have a deadline (often 30–90 days)
- Obtains letters testamentary — the court document that gives the executor authority to act on behalf of the estate (banks and brokerages will demand this before releasing assets)
- Notifies beneficiaries and heirs — per court requirements
- Notifies known creditors — and publishes notice to unknown creditors (giving them a deadline to file claims)
- Collects and inventories the estate’s assets — bank accounts, real estate, vehicles, personal property, retirement accounts (for valuation purposes even though they pass outside probate)
- Maintains the estate property — pays mortgages, utilities, insurance, taxes; arranges sale of the home if needed
- Pays valid debts — in the priority set by state law (administrative expenses, taxes, secured debts, unsecured debts)
- Files tax returns — the deceased’s final personal income tax return, and an estate income tax return (Form 1041) if the estate generates income during administration. May also need to file federal and state estate-tax returns for larger estates
- Distributes assets to beneficiaries — according to the will (or state intestacy law if there’s no will)
- Files a final accounting with the court — and obtains the court’s discharge, formally closing the estate
Time Commitment
For a routine estate, expect 50–150 hours of work spread over 6 to 18 months. Complex estates with business interests, contested wills, multiple properties, or significant tax issues can easily take 200–500+ hours over 2–3 years.
The first 30–60 days are the busiest — finding documents, securing property, opening estate accounts, paying immediate bills. The middle months are slower — waiting out the creditor claims period, gathering tax info, valuing assets. The final stretch picks up again as you prepare to distribute and close.
Choosing an Executor
The right executor is:
- Trustworthy and honest — they’ll handle every dollar in the estate
- Organized and detail-oriented — the role involves paperwork, deadlines, and records
- Diplomatic — family tensions over inheritances are common; the executor often referees
- Available — able to commit the time, especially in the first few months
- Geographically accessible — ideally lives near where you lived; out-of-state executors face extra complexity in some states
- Younger than you — or at least likely to outlive you and remain capable
Common choices: a spouse, an adult child, a sibling, or a trusted friend. For larger or more complex estates, a professional executor (bank trust department, attorney, CPA) can be appropriate — but they charge ongoing fees and have less personal investment.
Always name a backup. The primary executor may predecease you, be unable to serve when needed, or decline the role. You can also name co-executors (siblings often), but they must act together — which creates friction in disputes.
Compensation
- Statutory fee — some states set executor compensation by statute as a sliding percentage of the estate (California, New York, Florida). On a $500K estate, statutory fees might run $13K–$15K
- Reasonable compensation — most states allow the executor reasonable fees, subject to court approval
- Waiving the fee — family executors who are also beneficiaries often waive fees, since paid compensation is taxable income while inheritances generally aren’t. The math sometimes favors taking the fee anyway, depending on income tax brackets
- Reimbursable expenses — the executor is entitled to reimbursement for out-of-pocket expenses (travel, postage, court fees) regardless of whether they take a compensation fee
Fiduciary Duty and Personal Liability
The executor is a fiduciary — legally required to act solely in the estate’s and beneficiaries’ interests, not their own. Breaches can expose the executor to personal liability:
- Self-dealing — buying estate property at below-market prices, lending estate money to themselves, using estate funds personally
- Failing to pay taxes — the executor can be personally liable for unpaid estate taxes if they distribute assets before paying the IRS
- Not following the will — distributing differently than the will directs
- Poor recordkeeping — not being able to account for estate funds
- Negligence — losing estate property, missing deadlines, failing to maintain insurance on real estate during the process
For a complex estate, the executor should almost always hire a probate attorney (paid from estate funds) and ideally a CPA for tax issues. The cost of professional help is far less than the cost of getting it wrong.
If You’ve Been Asked to Be an Executor
- You can decline — the role is voluntary. If you don’t want it, say so; the backup or the court will appoint someone else
- You can resign later — even after starting, you can petition the court to be relieved if the role becomes unmanageable
- Ask now what’s involved — the person who’s asking you (presumably the testator) can walk you through their assets, where documents are stored, who their attorney is
- Know where the will is — not in a safe deposit box accessible only by the deceased; better in a fireproof home safe with you knowing the combination, or with the drafting attorney
- Don’t do it alone — for a non-trivial estate, hire a probate attorney from the start. Don’t try to learn probate law on the fly
Educational only. Estate-planning laws — including which documents are valid, who can serve as executor or agent, witness and notary requirements, and how assets pass — vary significantly by state. This article is not legal advice. Consult a licensed attorney in your state before drafting or relying on any estate document.