Educational content only. Not legal, financial, tax, or medical advice. Plan Your Passing is not a law firm and no attorney-client relationship is created here. Estate, probate, tax, and inheritance laws differ by country, state, and county. You are responsible for confirming what applies to you. Always consult a licensed attorney in your jurisdiction before acting on anything you read or generate on this site.
I've been named executor
Nobody trains you for this job. You get handed a will and a pile of grief and told to figure it out. Here is what to do, in what order, and how to protect yourself — legally and relationally.
The thing nobody tells executors
You have a fiduciary duty to ALL beneficiaries equally — not just the ones you're close to, not just the ones who are being reasonable. If you favor one beneficiary over another, you can be personally sued. Document everything. Pay no one from personal funds. Get court approval before distributing.
Your responsibilities, phase by phase
Immediately
- 1.Obtain multiple certified death certificates (request 10–15 from the funeral home)
- 2.Locate the original will — file it with the probate court in the county where the deceased lived
- 3.Secure all real property — change locks if needed, notify homeowner's insurance
- 4.Notify financial institutions of the death to prevent unauthorized access
- 5.Do NOT distribute anything yet — not even small personal items
First 30 days
- 1.Open an estate checking account — every dollar in and out flows through this account
- 2.File a petition with probate court to be formally appointed as executor (letters testamentary)
- 3.Publish a creditor notice in a local newspaper as required by your state
- 4.Inventory ALL assets: bank accounts, real estate, vehicles, investments, personal property, digital assets
- 5.Notify Social Security, pension administrators, VA benefits if applicable
- 6.Forward the deceased's mail to your address or a PO box
During administration
- 1.Pay valid debts from estate funds only — never from your personal account
- 2.Keep meticulous records of every expense, every payment, every decision
- 3.Get professional appraisals for real estate, art, jewelry, collectibles
- 4.File the deceased's final federal and state income tax returns
- 5.Determine if an estate tax return is required (federal: over $13.6M in 2024; states vary widely)
- 6.Do NOT pay debts that you cannot verify — disputed creditors go through the court process
Closing the estate
- 1.Prepare a final accounting showing all income, expenses, and proposed distributions
- 2.Get court approval before making final distributions
- 3.Have beneficiaries sign receipts acknowledging their distributions
- 4.Transfer titles: real estate deeds, vehicle titles, investment accounts
- 5.File a final estate tax return if required
- 6.Petition the court to close the estate and discharge you as executor
How to protect yourself while serving
Keep separate accounts
Never mix estate funds with your personal money. This is the most common executor mistake — and it can make you personally liable.
Document everything
Every decision, every payment, every communication. Beneficiaries have the right to request an accounting. Your records protect you.
Don't rush distributions
Creditors have time to file claims. Distributing before the creditor period closes can leave you personally liable for unpaid debts.
You can hire help
Executors are entitled to hire attorneys, accountants, and appraisers and pay them from the estate. You don't have to do this alone.
You can resign
If this role is too much — the conflict, the complexity, the geography — you can resign. The court will appoint a successor.
You get paid
Most states allow executors to receive a fee (typically 2–4% of estate value). You don't have to waive this, especially for complex estates.
Plan Your Passing is not a law firm. The information on this site is for general educational purposes only and does not constitute legal, financial, tax, medical, or professional advice. No attorney-client relationship is created by reading this site or using any tool on it. Estate, probate, tax, and inheritance laws differ by country, state, province, county, and individual circumstance, and they change over time. You are solely responsible for confirming the laws that apply to you. Always consult a licensed attorney in your jurisdiction before making any legal, financial, or tax decision regarding wills, trusts, beneficiaries, probate, real estate transfers, gifts, or end-of-life directives. The author, operators, and affiliates of this site disclaim all liability for actions taken or not taken based on its contents.
Free resource
Start with the checklist
Download the free Family Estate Readiness Checklist — 47 things to do, say, find, and decide.
No spam. One email with the checklist, then occasional updates.
Founding 10,000 Members
Free during our launch.
We capped it at 10,000 founding members. Permanent free access. Every family who joins helps us prove this category exists. Join the launch.