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.
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
- 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
- 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
- 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
- 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
Never mix estate funds with your personal money. This is the most common executor mistake — and it can make you personally liable.
Every decision, every payment, every communication. Beneficiaries have the right to request an accounting. Your records protect you.
Creditors have time to file claims. Distributing before the creditor period closes can leave you personally liable for unpaid debts.
Executors are entitled to hire attorneys, accountants, and appraisers and pay them from the estate. You don't have to do this alone.
If this role is too much — the conflict, the complexity, the geography — you can resign. The court will appoint a successor.
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.
Start with the checklist
Download the free Family Estate Readiness Checklist — 47 things to do, say, find, and decide. Works whether you're planning ahead or starting too late.
No spam. One email with the checklist, then occasional updates.