Executor duties checklist

Legal information only. Executor duties vary by state and by the size and complexity of the estate. This checklist covers common steps only. An estate or probate attorney confirms which duties apply to your specific situation. See our full disclaimer.

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Probate mistakes can create personal liability for an executor. A probate attorney reviews your specific estate and confirms every required step at no cost.

What does an executor actually have to do?

An executor (sometimes called a personal representative) is the person named in a will to settle the deceased person's estate. The role carries real legal duties, not just paperwork - an executor who skips required steps can face personal liability to creditors or heirs. Most estates follow the same general sequence: get appointed by the court, locate and protect assets, notify creditors and heirs, pay debts and taxes, then distribute what's left.

The exact steps and deadlines vary by state, and larger estates involve more complexity than smaller ones. If the estate includes a business the deceased owned, you may need to wind that down separately. And if disputes arise among heirs, a clear original will makes your job significantly easier to defend in court.

How long does executor work typically take?

Simple estates can close in 6 to 9 months. Estates with real property, business interests, tax complications, or disputing heirs often take 1 to 2 years or longer. Most states also impose a creditor claim period - often 3 to 6 months - during which you cannot finalize distributions, regardless of how quickly you complete other tasks.

Can an executor be held personally liable?

Yes, in specific circumstances. Distributing assets before paying valid creditor claims, missing estate tax deadlines, mismanaging estate funds, or favoring one heir over another can expose an executor to personal liability. This is why keeping detailed records of every action and every dollar is one of the most important - and most skipped - duties on this checklist.

Do you need a lawyer to serve as executor?

Not always, but it depends heavily on estate size and complexity. Small, simple estates with cooperative heirs are sometimes handled without an attorney. Estates with real estate, business assets, significant debt, tax filings, or any hint of family conflict benefit strongly from attorney involvement, since mistakes at this stage are difficult and costly to unwind later.

Frequently asked questions about executor duties

In most states, yes. Executors are entitled to reasonable compensation, often set by state statute as a percentage of the estate value or by an hourly rate if the will specifies one. Some executors, especially family members, choose to waive the fee. Check your state's specific rule and any instructions the will itself contains before assuming a rate.

You can decline. Being named in a will does not obligate you to serve. If you decline, an alternate executor named in the will typically steps in. If no alternate is named or willing, the court appoints someone, often following state priority rules that favor a surviving spouse or adult children. You can also resign after starting if circumstances change, though court approval is usually required.

An executor settles a probate estate under a will and their role ends once the estate is closed. A trustee manages assets held in a trust, which can continue for years or decades depending on the trust's terms. One person can serve both roles if the deceased had both a will and a trust, but the duties and timelines are distinct.

Yes, almost always. Mixing estate funds with your personal accounts is one of the fastest ways to create liability and raise suspicion among heirs. Open a dedicated estate account using the estate's own tax ID number, and run every estate transaction through it so your records stay clean and defensible.

Heirs can petition the court if they believe an executor is mismanaging the estate, and a judge can order an accounting or, in serious cases, remove the executor. Keeping thorough records of every decision and expenditure from day one is your best protection. If a dispute escalates, an estate litigation attorney can represent your interests as executor.