What Does an Executor of a Will Do: Legal Tasks, Timelines and Tips

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Losing a loved one is never easy — and if you’ve been named executor of their will, you’re also stepping into a big responsibility. An executor is the person legally appointed to settle the deceased’s estate, which includes managing assets, paying debts and distributing inheritances according to the will.
On top of your grief, you’re now responsible for navigating paperwork, court deadlines and often complex financial tasks — all while making sure your loved one’s final wishes are honored.
This guide breaks down what to expect and what to do, step by step, so you can feel confident handling the role and honoring their legacy.
Quick Duties Checklist
- Obtain multiple copies of the death certificate.
- Locate key documents and account details.
- Determine if probate is required.
- Consider hiring a lawyer for complex estates.
- Inventory and appraise estate assets.
- Open a dedicated estate bank account.
- Pay debts and taxes.
- Distribute assets to beneficiaries according to the will.
What Does an Executor of a Will Do?
An executor of a will is responsible for managing the deceased’s estate, ensuring their final wishes are carried out. This includes the following:
- Settling debts
- Distributing assets to beneficiaries
- Navigating legal and financial processes like probate
Here is an 8-step plan to help you understand and successfully carry out the key responsibilities of an executor.
1. Order Copies of the Death Certificate
One of your first jobs as executor is gathering copies of the death certificate — more copies than you probably would think are necessary, in most cases. In general, you’ll need certified copies for the following:
- The transfer of ownership of major assets such as vehicles or bank accounts
- For life insurance or annuities benefits
- To file federal and state tax returns on behalf of the decedent
To avoid spending more money than you need, always ask each agency or company if a photocopy of the certified death certificate will suffice.
Good To Know
You can request death certificates through your state or county’s vital records office.
Fees vary by state: In California, a certified copy costs $24, while Florida charges $10 for each copy.
2. Gather Key Documents
Gather up all documents, account numbers and other information you’ll need to get a handle on the estate. Here are some examples of information to have ready:
- Vehicle title and registration
- Loan documents
- Credit card statements
- Contracts
- Deeds
- Insurance policies
- Recent tax returns and W-2 forms
- Social Security card
You’ll also need to contact the Social Security Administration and other government agencies from which your loved one might have been receiving payments or benefits to give notice of the death.
To contact the SSA, call (800) 772-1213. You can also fax or mail documents to your local office.
3. Determine if Probate Is Required
Probate is the legal process of proving a will and distributing a deceased person’s assets under court supervision. It makes sure all debts are paid and the remaining property is passed on to the rightful heirs.
Many states will allow a certain amount of the decedent’s assets to go through a simplified probate process or to skip probate altogether. In the case of parents who set up a living trust, you won’t have to go through probate because the person named as the trust’s successor will be free to distribute the assets according to the will without going through the court system.
When probate is required, the executor of the estate must do the following:
- File papers with the local probate court.
- Prove the will is valid.
- Present the court with a list of assets and debts and a description of how they will be distributed.
- Additionally, the executor must secure and manage all estate assets of the decedent during the period it takes to probate a will, which could be as little as a few months or as long as a year.
4. Decide if You Need a Lawyer
You don’t have to do it alone. A lawyer can help you navigate all the legalese of probate, if necessary.
When the estate is small, doesn’t require probate and doesn’t involve complex issues like business ownership or disputes among heirs, you might be able to manage the process yourself.
Keep In Mind
Expect to pay at least $150 an hour for a probate lawyer, according to Nolo, although probate work can easily cost $250 an hour or more.
5. Search For Missing Information
When gathering documents, don’t overlook less obvious storage spots. In addition to filing cabinets or personal safes, check areas like storage boxes or other secure locations where your loved one might have placed items for safekeeping.
If you can’t locate certain documents, reaching out to their attorney or financial advisor can help you access originals or obtain copies.
6. Take Inventory of Assets
You’ll also need to figure out the scope of the estate, pin down where everything is and, if needed, have the estate appraised.
You can find qualified appraisers through local directories, estate attorneys or organizations like the American Society of Appraisers.
Some states require the executor to personally inventory and report the decedent’s assets within a certain time period, such as within 90 days from the date of death.
Once the estate is settled, be sure to:
- Check final inventory requirements: Some states require a final report of the estate’s assets.
- Consult an attorney or state office: Reach out to confirm what documentation is required.
- Use reputable professionals: If appraisals are needed, hire professionals with solid reputations. Use national directories like the National Association of Appraisers to find well-reviewed companies.
7. Set Up an Estate Bank Account
Bank accounts are a ready source of cash to help pay off the estate’s debts and taxes, which will prevent the executor from having to liquidate other assets.
To simplify paperwork, the executor can open a separate bank account that is designated to pay off existing debts. Then, the executor can move funds from the decedent’s bank accounts to the designated estate account.
Estate Planning Tip
Consolidating estate accounts ahead of time can make things much easier for your executor when it’s time to distribute assets.
8. Distribute Assets to Beneficiaries
Once you’ve settled all debts and paid your loved one’s last bills and taxes, you can get down to distributing the assets to the beneficiaries, as noted in the will.
Get signed and dated receipts from the beneficiaries saying they’ve received their distribution assets. Depending on what state you live in, you might be required to file a petition in court before distributing assets and closing the estate.
4 Tips for Being a Good Will Executor
Here are a few tips to follow so you can more effectively perform your duties as will executor:
- Be transparent with family: Share updates and decisions early to avoid confusion or disputes.
- Avoid rushing the process: Make sure all taxes and debts are paid before distributing assets to avoid legal trouble.
- Know when to get help: A lawyer, accountant or real estate agent can guide you through tricky steps.
- Stay organized: Use digital tools like EstateExec to track tasks, store documents and collaborate with family members.
Final Take
Serving as the executor of a will is a big responsibility, and it’s normal to feel overwhelmed. While the role can be emotional, stay focused on having a clear plan and seek help when needed. Keep communication with the heirs open and take your time while fulfilling your duties to honor your loved one’s wishes.
FAQ
Here are the answers to some of the most frequently asked questions about executor of wills.- Can an executor be held personally liable?
- Yes, if an executor mismanages the estate, such as distributing assets before debts are paid, they can be held responsible.
- Can an executor also be a beneficiary?
- Yes, it is common for a close family member to be both an executor and a beneficiary.
- How long does it take to settle an estate?
- The process can take anywhere from six months to over a year, depending on the size of the estate and whether probate is required.
- Do all wills require probate?
- No, not all wills require probate. It depends on the state laws and how the assets were titled.
- What powers does an executor have?
- An executor manages the estate, pays debts, files taxes and distributes assets according to the will. They act in the estate's best interest while following legal guidelines.
- What are the benefits of being an executor of a will?
- Executors fulfill a meaningful role, ensure the deceased’s wishes are honored, and may receive compensation for their work.
- Does the executor of a will inherit everything?
- No, the executor only inherits if they are named as a beneficiary in the will.
Lucy Mueller and Andrew Lisa contributed to the reporting for this article.
This article has been updated with additional reporting since its original publication.
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- American Bar Association "The Probate Process."
- Nolo. 2024. "Probate Lawyers' Fees and Billing."