What Does an Executor Actually Do?

What is an executor?

An executor is the person named in a will to manage the deceased's estate. If there is no will, the court appoints someone called an administrator. Some states use the umbrella term personal representative for both roles. The duties are identical regardless of the title, so throughout this article, "executor" refers to anyone serving in this role.

The executor's core job: gather the deceased's assets, pay their debts and taxes, and distribute what remains to the people named in the will. For a typical estate, this takes 6 to 18 months and involves coordinating with probate courts, banks, government agencies, creditors, and beneficiaries.

One key difference between executors and administrators: an administrator (serving without a will) typically faces more court oversight and may be required to post a surety bond. For more on what happens when there is no will, see our guide to handling an estate without a will.

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The executor's timeline

The duties below are listed in roughly the order they come up. Some overlap, and the exact sequence depends on your state's probate rules and the complexity of the estate.

The first week

These are the immediate tasks. Most happen before you have any legal authority from the court.

• Locate the original will and any amendments (codicils). You will need the original to file with the probate court.
• Order certified death certificates. You will need 10 to 15 copies. Banks, insurers, and government agencies each require their own original. For details on how to order them, see our guide to how to get death certificates.
• Secure the deceased's property. Lock the house, collect mail, safeguard valuables. If there is a business, make sure it continues operating or is properly wound down. File a USPS mail forwarding request to your address so you do not miss bills, creditor notices, or account statements.
• Notify immediate family and coordinate funeral or burial arrangements if this was not pre-planned.
• Arrange care for dependents (minor children, pets) if applicable.

The first month

This is when the legal process begins.

• File the will with the probate court in the county where the deceased lived. Some states have deadlines: Florida and Colorado require the will to be deposited within 10 days of learning of the death. In California, the will custodian must lodge the will with the court within 30 days (Probate Code § 8200), and the named executor has a separate 30-day deadline to file the probate petition (Probate Code § 8001). Many states have no statutory deadline but expect prompt filing. For a detailed overview of this process, see our guide to how probate works.
• Petition for Letters Testamentary. This is the court document that gives you legal authority to act on behalf of the estate. Until you have it, banks and institutions will not let you access accounts.
• Apply for an EIN (Employer Identification Number) from the IRS. The estate needs its own tax ID, separate from the deceased's Social Security number. You can apply online at irs.gov.
• Notify the Social Security Administration, the deceased's employer, and any pension or benefit administrators.
• Contact life insurance companies and retirement account custodians. Policies and accounts with named beneficiaries pass directly to those beneficiaries outside of probate. Your role is to notify the institutions and provide death certificates.

Months two through six

This is the core of the work.

• Open an estate bank account. All estate income (rental checks, dividends, refunds) and expenses (debts, taxes, fees) should flow through this account. Mixing estate funds with your personal accounts creates legal and tax problems.
• Inventory and appraise all assets. The court usually requires a formal inventory within 60 to 90 days of your appointment. List everything: real estate, vehicles, bank accounts, investments, personal property, business interests, and digital assets (cryptocurrency, online accounts, domain names). Some assets (real estate, collectibles, business interests) may need a professional appraisal.
• Notify creditors. Most states require you to publish a notice in a local newspaper, giving creditors a window (typically three to six months) to file claims against the estate. You must also send direct notice to any creditors you know about.
• Pay ongoing bills from the estate account: mortgage, utilities, insurance, property taxes. Letting these lapse can damage or reduce the value of estate assets.
• Manage and protect estate assets. Maintain insurance on the home and vehicles. Keep real estate in good repair. If the estate holds investments, manage them prudently (this means preserving value, not speculating).

Months six through twelve (or longer)

• Review and pay creditor claims. After the claims window closes, pay valid debts from the estate in the priority order your state requires. For details on debt priority during probate, see our guide to how debts are handled after death.
• File taxes. This includes the deceased's final individual income tax return (Form 1040), an estate income tax return (Form 1041) if the estate earned $600 or more after the date of death, and a federal estate tax return (Form 706) if the estate exceeds the federal exemption (currently $15 million per individual for 2026). For more on tax obligations, see our guide to survivor benefits and taxes.
• Prepare a final accounting. This is a detailed report of every dollar that came in and went out of the estate: assets received, debts paid, executor fees, and proposed distributions to beneficiaries. The court and the beneficiaries review this.
• Distribute remaining assets to beneficiaries according to the will (or according to state law if there is no will). Get receipts or signed releases from each beneficiary.
• File closing documents with the probate court and close the estate bank account. Once the court approves the final accounting, you are released from your duties.

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Co-executors

Some wills name two or more co-executors, often two siblings or a family member paired with an attorney. This can work well, but it creates practical complications.

In most states, co-executors must act unanimously, meaning both must sign off on every transaction. If they disagree on a decision, the probate court may need to intervene. If one co-executor lives out of state, coordinating signatures and paperwork slows the process.

Before accepting a co-executor role, make sure you and the other co-executor agree on how you will divide the work and resolve disagreements.

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How executors get paid

Executors are entitled to compensation for their time and work. The amount depends on your state and, in some cases, what the will says.

Statutory fee states

About 30% of states set executor fees by statute, usually as a percentage of the estate's value. These percentages are often tiered, decreasing as the estate gets larger. Examples:

• California (Prob. Code § 10800): 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million
• New York (SCPA § 2307): 5% of the first $100,000, 4% of the next $200,000, 3% of the next $700,000, 2.5% of the next $4 million, 2% above $5 million
• Texas (Est. Code § 352.002): 5% of amounts the executor actually receives or pays out in cash
• Arkansas (Code § 28-48-108): Up to 10% of the first $1,000, 5% of the next $4,000, 3% of amounts above $5,000

Reasonable compensation states

The remaining states use a "reasonable compensation" standard, where the probate court determines the fee based on the estate's size, the complexity of the work, the time spent, and local norms. If you are in a reasonable compensation state, keep detailed records of your time and tasks.

What the will says

If the will specifies a compensation amount (a flat fee, a percentage, or language like "without compensation"), the court generally honors that. If the will is silent, state law controls.

Bonds

Some courts require the executor to purchase a surety bond, which protects the estate and beneficiaries if the executor mismanages funds. Many wills include language like "serve without bond" to waive this requirement.

If the will does not waive the bond, or if there is no will, the court typically requires one. Bond premiums run roughly 0.5% to 1% of the estate value per year and are paid from the estate.

Key details

• Executor fees are taxable income. Report them on your personal tax return.
• You can waive compensation. Family members serving as executor often do, especially if they are also a beneficiary. Waiving the fee avoids income tax on the fee but does not change the inheritance (which may or may not be subject to estate tax, depending on the size).
• Out-of-pocket expenses (filing fees, postage, mileage, appraisal costs) are reimbursed from the estate separately from your fee.
• Extraordinary services (managing litigation, running a business, selling real estate) may qualify for additional compensation beyond the standard fee, subject to court approval.

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Personal liability

Executors have a fiduciary duty to the estate and its beneficiaries. This means you are held to a high standard of care, honesty, and impartiality.

If you breach that duty, you can be held personally financially liable for any resulting loss.

What can make you liable

• Distributing assets before all debts and taxes are paid. If a creditor surfaces after you have already given everything to the beneficiaries, you may have to repay the creditor from your own money.
• Missing tax deadlines. Late filing penalties and interest on the deceased's final return or the estate return fall on you if you neglected to file on time.
• Paying creditors in the wrong order. Insolvent estates have a state-mandated priority order for debt payment. If you pay a low-priority creditor before a high-priority one and the estate runs out of money, the unpaid high-priority creditor can come after you.
• Failing to notify creditors. If you skip the required public notice or do not notify known creditors directly, their claims are not barred by the deadline, and you may be liable.
• Self-dealing. Buying estate assets for yourself (even at fair market value) without court approval, or using estate funds for personal expenses, is a breach of fiduciary duty.
• Mismanaging assets. Letting a house go uninsured, failing to maintain property, or making speculative investments with estate funds can result in liability for lost value.
• Poor record-keeping. If you cannot account for estate funds, the court may hold you responsible for the gap.

How to protect yourself

• Keep meticulous records of every transaction, communication, and decision.
• Do not distribute assets until you are confident all debts, taxes, and claims are resolved.
• Follow the will exactly. Your personal opinions about who should get what do not matter.
• Get court approval before taking any action you are unsure about (selling property, rejecting a creditor's claim, making unusual distributions).
• Hire a professional (attorney, accountant) when you are out of your depth. Their fees are paid from the estate.
• Get signed receipts from every beneficiary when you distribute assets. This protects you from later claims that a distribution was not made.

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Do you need a lawyer?

You are not required to hire a lawyer, but for most estates, it is a good idea. An estate attorney handles court filings, creditor disputes, tax returns, and any complications you did not anticipate. The attorney's fees are paid from the estate, not your pocket.

When a lawyer is especially important:

• The estate is large or complex (multiple properties, a business, investments across multiple states)
• The will is contested or a beneficiary is disputing the distribution
• There are significant debts and you are not sure about the priority order
• The estate owes federal or state estate taxes
• You are unfamiliar with probate and do not want to risk personal liability from procedural mistakes

For a straightforward estate (a house, a few bank accounts, no disputes), some executors handle the process themselves with occasional guidance from an attorney for specific questions.

Many probate attorneys offer flat-fee or limited-scope arrangements rather than full representation.

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Can you decline?

Yes. Being named as executor in a will does not obligate you to serve. You can decline before the court formally appoints you by filing a written renunciation (sometimes called a declination) with the probate court.

Common reasons people decline: they live far away, the relationship with other beneficiaries is strained, the estate is complicated, they do not have time, or they simply do not want the responsibility.

All of these are valid.

What happens if you decline

The court looks to the will for a successor executor. If the will names an alternate, that person is offered the role. If no alternate is named (or the alternate also declines), the court appoints an administrator from a priority list set by state law, typically starting with the surviving spouse, then adult children, then other close relatives.

Resigning after you have started

If you have already been appointed and begun serving, you can still resign, but the process is more involved. You must petition the court, and the court may require you to show good cause (illness, relocation, inability to serve effectively).

You will also need to provide a full accounting of all estate transactions you handled before the court will release you.

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Common mistakes

These are the practical errors that trip up executors beyond the liability risks covered above.

• Not opening a separate estate bank account. Mixing estate funds with your personal accounts makes the accounting impossible and exposes you to accusations of mismanagement.
• Not communicating with beneficiaries. Silence breeds suspicion. Regular updates, even brief ones, prevent disputes and challenges to your administration.
• Trying to do everything yourself. An estate attorney's fees come out of the estate, not your pocket. The cost of a single mistake you could have avoided with professional guidance usually exceeds the attorney's fee.
• Paying debts from your own money. Estate debts are paid from the estate. If the estate does not have enough, creditors absorb the loss. Do not pay estate obligations out of pocket.

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Tracking all of the financial, legal, and administrative steps after a death is easier with a centralized checklist. Use our free after-death checklist to stay organized.

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This guide is for informational purposes only and does not constitute legal, financial, or tax advice. Consult a qualified professional for advice specific to your situation.

Last reviewed: 2026-03-20