Executor Duties in Plain English: From Appointment to Final Accounting

March 8, 2024

When a loved one dies, someone must take the legal helm of the probate estate. In most states that person is called the executor (or “personal representative”). The title sounds ceremonial; the job is not. Executor duties span court filings, property protection, communication with heirs, dealing with creditors and taxes, and a final estate accounting that shows every dollar in and out. Done well, the work is orderly and finite. Done poorly, it spirals into delay and distrust. This guide explains—in plain English and from a lawyer’s vantage point—what an executor actually does, in what order, and how to keep the file moving.

Appointment: how authority begins

Your authority does not spring from the will alone. It begins when the probate court appoints you and issues letters testamentary (or letters of administration if there is no will). The will nominates you; the court confirms the nomination and gives you proof of authority that banks, brokers, and others will honor. Before that moment, you can protect property and arrange funerals as a family member, but you cannot take formal actions on behalf of the estate.

Courts generally ask for the original last will and testament, a death certificate, a petition for probate, and basic information about heirs and assets. Some states require a bond unless the will waives it; many modern wills waive bond for a named executor. Once your letters arrive, think of them as your ID card for the estate. You will present them to banks to open an estate account, to title companies to sell a home, and to anyone asking whether you truly have authority to act.

First obligations: secure, inform, and separate

The first week is about control and safety. Change vulnerable door and mailbox locks if necessary and make sure insurance on the home and vehicles does not lapse. Forward mail so you receive statements and bills. Stop automatic payments that no longer make sense, but preserve utilities and coverage that protect property value. Then separate estate money from personal money: open a dedicated estate checking account using your letters. Commingling funds—even briefly—creates suspicion later and makes the final accounting harder than it needs to be.

You also have a duty to inform. Heirs and beneficiaries should learn from you, not from rumor. Early, concise communication sets expectations: you’ll file the will, you’ll seek appointment, there will be a creditor period defined by state law, assets may need appraisal, sales may occur, taxes will be filed, and distributions will follow after obligations are resolved. A one‑page update calms a room better than any promise.

Inventory, valuation, and the first month of records

Most states require an inventory and appraisal within a set period. Practically, you need a complete list anyway. Gather bank and brokerage statements, look up vehicle titles, confirm life insurance beneficiary payouts (these are often non‑probate but relevant for taxes), and locate deeds for real property. For unique property—antiques, collections, closely held business interests—obtain appraisals so you have a defensible value. The point is not to chase perfection; it is to anchor the estate’s numbers so that when you later sell or distribute you can show the math.

Recordkeeping starts now. A simple ledger that logs deposits (refunds, dividends, sale proceeds) and disbursements (insurance, property taxes, funeral expenses, appraisals, court costs) will save you weeks at the end. Keep receipts and statements. Courts and heirs do not expect theatrical presentations. They expect a tidy story backed by documents any auditor could follow.

Creditors and claims: the quiet engine of the timeline

Probate has a rhythm defined by creditor rights. Many states require publication of a notice to creditors and direct notice to known creditors. The notice triggers a clock: claims must be filed by a deadline or they are barred. During this window, you evaluate claims. Valid claims get paid from estate funds; doubtful claims get disputed and, if necessary, litigated. Paying too quickly can leave you short when a large, valid claim appears; paying too slowly invites interest and penalties. Prudence sits in the middle: you verify, you prioritize necessities, and you reserve for the uncertain.

Managing and selling property: prudence, not perfection

Executors are judged on prudence, not clairvoyance. If the estate holds a home, your duty is to secure and maintain it, insure it, and sell it for a reasonable price if sale is part of the plan. If the estate owns a brokerage account, your job is not to forecast markets; it is to preserve reasonable liquidity and risk balance while obligations are paid. If the decedent owned a small business interest, you may need assistance from accountants or counsel to value and, if appropriate, sell the interest under buy‑sell terms. Hiring professionals is not a sign of weakness. It is often the most prudent choice you can make.

Taxes: what actually gets filed

Two tax regimes matter. The decedent’s final personal income tax return must be filed for the year of death. If the estate itself earns income while you administer (interest, dividends, rent, capital gains on sales), you may need an estate income tax return (a fiduciary return). Most estates are far below federal estate‑tax thresholds; if you are anywhere near them, engage a tax professional immediately to evaluate filings and elections. Even in modest estates, property taxes, utility bills, and insurance premiums must be paid on time. Late fees are not a badge of thrift; courts frown on false economies.

Distributions: timing and documentation

Beneficiaries understandably focus on distribution of assets. You as executor must balance human impatience against fiduciary caution. Interim distributions are possible in many estates once you have set aside reserves for taxes, known debts, and expected administrative expenses. If you make an interim distribution, document the calculation and obtain receipts. When final distributions occur, you will present an accounting and a proposed plan that shows what came in, what went out, and what remains for each beneficiary. Most heirs will sign a receipt and release if they feel informed throughout and if the numbers add up on one page.

Compensation and reimbursement

Executors are entitled to executor compensation under state statutes or under the terms of the will. Compensation is not a windfall; it is payment for hours spent and responsibility carried. If you are a family member, you may feel pressure to waive compensation. That is your choice, but do not absorb personal out‑of‑pocket costs. Reasonable fees for lawyers, accountants, appraisers, and real estate professionals are normal estate administration expenses. Courts prefer you hire appropriate help and finish accurately to trying to be a hero and stumbling.

Common pitfalls—and how to sidestep them

The most persistent problems are mundane. People fail to open an estate account and mix funds. They make distributions before the creditor window closes and end up chasing money back. They let the house sit uninsured or winterize too late. They communicate in silence, which beneficiaries interpret as concealment. They forget that the will’s words govern, not family memory. The antidotes are equally mundane: separate accounts, a calendar of deadlines, timely insurance renewals, brief status emails, and a habit of re‑reading the will before any major decision.

How a living trust changes your role

Families often ask why some neighbors settle estates in weeks while others take a year. Frequently the difference is a revocable living trust that owned the house and investments before death. A trust moves those assets outside probate, so the successor trustee can act immediately. As executor, you may still handle stragglers—the car title, a refund check—but the heavy lifting is gone. If this probate feels heavier than it should, note the lesson for your own planning: align a state‑specific will with a funded living trust so your executor’s future job is smaller than yours.

Get a step‑by‑step playbook for every phase of probate: How to Probate an Estate (Book)/product/how-to-probate-an-estate/

Reduce the next executor’s burden with a trust: Online Revocable Living Trust → /product/online-living-trust/

Name the right executor in a valid will: Online Last Will & Testament → /product/online-last-will/

EstateBee Estate Planning - Online Wills, Trusts, Living Wills, Powers of Attorney, Funeral Planning

Founded by lawyers in 2000, EstateBee is a leading international estate planning and asset protection publisher.

EstateBee Estate Planning - Online Wills, Trusts, Living Wills, Powers of Attorney, Funeral Planning

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Founded by lawyers in 2000, EstateBee is a leading international estate planning and asset protection publisher.


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