Named as Executor

Someone trusted you with this. Here's how to do it right.

You don't need to know everything today. But understanding your duties — and your rights — helps you serve the estate well.

What it means to be executor

An executor (sometimes called a personal representative) is the person named in a will to manage the probate process. If you've been named, someone trusted you to carry out their final wishes.

The job comes with real responsibilities: filing court documents, notifying creditors, managing assets, paying debts and taxes, and distributing what remains to beneficiaries. You're legally accountable for doing it correctly.

The good news: you don't have to do it alone, you can hire professionals, and in most states you're entitled to compensation for your time.

What you need to know

1

You can decline

Being named executor doesn't obligate you to serve. If you can't or don't want to, the court will appoint an alternate or next eligible person.

2

File the will with the court

Probate begins when you file the will and petition the court to be appointed executor. Until then, you don't have legal authority to act.

3

Notify beneficiaries and creditors

Most states require formal notice to everyone named in the will and to known creditors. Publication in a local newspaper may also be required.

4

Inventory and protect assets

You're responsible for identifying, valuing, and safeguarding estate assets until distribution.

5

Pay debts and taxes

Estate debts, final income taxes, and any estate taxes must be paid before beneficiaries receive their share.

6

You can be compensated

Most states allow executors to receive reasonable compensation. Some states set specific fee schedules; others use a "reasonable" standard.

Your named as executor checklist

Locate the original will and any codicils

Decide if you're willing and able to serve

Order certified death certificates — how many do you need?

Use our Executor Duties Checklist for step-by-step guidance

Calculate your compensation with the Executor Fee Calculator

Estimate costs with the Probate Calculator

Frequently Asked Questions

No. You can decline to serve. If you do, the court will look to any alternate named in the will, or appoint someone according to state law — usually a spouse, adult child, or other close relative.

It varies by state. Use our Executor Fee Calculator to see exactly what you can charge — some states have statutory fee schedules (a percentage of the estate), while others allow "reasonable compensation." You can also waive your fee entirely.

Yes. Executors have fiduciary duties to the estate and beneficiaries. If you mismanage assets, miss deadlines, or distribute improperly, you can be held personally liable. This is why many executors hire an attorney to help.

Typically 6-18 months, but it varies widely by state, estate size, and complexity. Contested wills, tax issues, or hard-to-value assets can extend the process significantly.

Stay neutral, follow the will exactly, document everything, and communicate clearly. If disputes escalate, the court can provide guidance — or you can petition to have a professional executor appointed instead.

Free tools to help

Documents and calculators to guide you through the process.

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