Being named executor of someone's will is an honor, and it can also feel like being handed a job with no instructions. If you're asking what an executor actually does, the short answer is this: you gather what the person left, pay what they owed, and pass the rest to the right people, following your state's rules. The long answer is the executor checklist below.
First, the most important note: this is general information, not legal advice. Rules vary by state, so talk to a probate attorney about your situation, especially before you sign anything, sell anything or hand anything out.
What does an executor do?
An executor (called a personal representative in some states) is the person named in a will to settle the estate. Executor of estate duties usually include:
- Asking the probate court to confirm your authority
- Protecting the person's property until it's distributed
- Notifying agencies, institutions, heirs and creditors
- Making an inventory of what the estate owns
- Paying valid debts, expenses and taxes from estate money
- Distributing what's left according to the will, then closing the estate
A few things are worth knowing before you start:
- Being named in the will doesn't give you authority on day one. In most cases the court has to appoint you first.
- You can decline. No one is required to serve. If you say no, the court can appoint someone else.
- You have a fiduciary duty. That means you act in the best interest of the estate and its beneficiaries, not your own.
- You generally don't pay the estate's debts out of your own pocket. Debts are paid from the estate's assets.
If there's no will, there's no named executor. A family member usually asks the court to be appointed administrator instead. The job is similar, but state law decides who inherits.
The executor checklist, step by step
Step 1: Handle the first days
- Help with funeral arrangements if that falls to you, and look for any written wishes.
- Secure the home, car and valuables. Lock up, collect the mail and make sure pets are cared for.
- Order several certified copies of the death certificate. Banks, insurers and agencies often each want their own.
If you're still in the first weeks after a parent's death, our what to do when a parent dies checklist covers that stretch in more detail.
Step 2: Find the original will
Look through the person's papers, a home safe or a safe deposit box, or ask the attorney who drafted it. Many states require the original will to be filed with the court within a set time after death, so don't sit on it.
Step 3: Open probate
You file the will with the probate court in the county where the person lived and ask to be appointed. If everything is in order, the court issues a document giving you legal authority, often called letters testamentary. Banks and other institutions will usually ask to see it before they talk to you.
Many states offer a simplified process for small estates. The court clerk's office or a probate attorney can tell you whether it applies.
Step 4: Notify the people who need to know
- The Social Security Administration. The funeral home often reports the death, but confirm it.
- The person's employer or pension plan, if any.
- Banks, credit card companies, insurers and investment firms.
- The three credit bureaus, to reduce the risk of identity theft.
- Beneficiaries and heirs, as your state requires.
- Creditors. Many states require a published notice in a newspaper, which starts a deadline for creditors to file claims.
Write down every call: the date, who you spoke with and any reference number. It will save you from repeating yourself.
Step 5: Take inventory
List everything the person owned: bank and retirement accounts, investments, real estate, vehicles, valuables and digital accounts. Some assets usually pass outside probate, such as accounts with a named beneficiary, life insurance and property held jointly with survivorship rights. Note them anyway, so you have the full picture.
For email, photos and social media, our guide to what happens to social media when you die explains the memorial and closure options.
Step 6: Open an estate bank account
The usual approach is to get an Employer Identification Number (EIN) for the estate from the IRS and open a bank account in the estate's name. Money coming in and going out runs through that account. Keep it separate from your own money, always.
Step 7: Pay debts, expenses and taxes
- Pay valid debts and estate expenses (funeral costs, court fees, upkeep on the house) from estate funds, in the order your state law sets.
- File the person's final income tax return.
- Depending on the estate, it may need to file its own income tax return too. A tax professional can tell you what applies.
Keep every receipt, including anything you paid personally, so you can be reimbursed from the estate.
Step 8: Distribute assets and close the estate
Once debts and taxes are paid and the creditor deadline has passed, you distribute what remains to the beneficiaries named in the will. Many courts ask for a final accounting showing what came in and what went out. When the court approves it, the estate is closed and you're released from your duties.
How long does it take?
It depends on your state, the size of the estate and whether anyone disagrees. A simple estate may wrap up in months; a complicated one can take much longer. Keeping beneficiaries informed along the way prevents a lot of friction.
Is an executor paid?
In many states an executor is entitled to a fee set by state law or by the will, and almost always to reimbursement of reasonable expenses. Plenty of family members choose not to take a fee. Ask the probate attorney what applies where you are.
Tips for staying sane
- Keep one binder or notebook for everything.
- Don't distribute anything early, even if family members ask.
- Send beneficiaries short, regular updates. Most conflicts come from silence.
- Ask for professional help when you need it. That's what the estate's funds are partly for.
- Take care of yourself. You're doing paperwork while grieving.
Keep the whole checklist in one place
A notebook or a shared spreadsheet keeps this checklist out of your head: first steps in order, a death certificate tracker, who you've notified with a call log, the estate checklist from finding the will to closing the estate, accounts and assets, debts, home and vehicles, digital accounts and the expenses you paid. Share it with a co-executor or sibling. This checklist is general information, not legal advice. For the medical part of being prepared in your own family, get the free ER-Ready Kit: the one-page Emergency Health Summary, the "Where should I go?" guide and interpreter wallet cards, in English and Spanish.
Not sure where your own family stands? Take the free 2-minute Readiness Score quiz.
The Ambos Health team
General information, not legal, tax or financial advice. Rules vary by state; talk to a probate attorney about your situation.