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Named as Executor
Home→As Life Happens→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.

What Are My Duties as Executor?

Complete guide for executors and personal representatives navigating probate. Court filings, creditor claims, and distribution timelines.

Get Checklist

How Much Can an Executor Charge?

Calculate how much an executor (personal representative) can charge for administering an estate. See if your state has statutory fees or uses reasonable compensation.

Use Calculator

How Much Does Probate Cost?

Estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state. See if the estate qualifies for simplified probate procedures.

Use Calculator

How Many Death Certificates Do I Need?

Calculate how many certified death certificates you need based on the assets and accounts you need to close. See state-specific ordering information.

Use Calculator

How Do I Settle an Estate?

Get a personalized checklist for settling an estate after someone passes away. Covers trust administration, probate, and intestate estates.

Get Checklist

As life happens, SimplyTrust

New Baby or Adoption

New Baby or Adoption

Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.

Marriage

Marriage

Starting a life together means planning for it. Beneficiary updates, asset titling, powers of attorney, and what blended families need to know.

Divorce

Divorce

Your life is changing. Your documents should too. Beneficiary updates, trust replacement, POA revocations, and the steps to protect your independent future.

Loss of a Spouse

Loss of a Spouse

When you're ready, this won't take long. Settling the estate, claiming survivor benefits, retitling assets, and updating your own plan.

New Home

New Home

Your home is probably your biggest asset. Protect it like one. Property titling, trust ownership, and how to keep your home out of probate.

Inheritance

Inheritance

Inheriting assets brings responsibility. How to manage, protect, and plan for inherited wealth — including tax implications and trust options.

Retirement

Retirement

Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.

Serious Diagnosis

Serious Diagnosis

A serious diagnosis changes priorities. Healthcare proxies, financial powers of attorney, and the documents that ensure your wishes are honored.

Moving to a New State

Moving to a New State

State laws vary significantly for wills, trusts, and powers of attorney. What to review after relocating to make sure your estate plan still works.

Death of a Parent

Death of a Parent

Losing a parent is overwhelming. What needs to happen next — settling the estate, navigating probate, and the steps to move forward.

Named as Trustee

Named as Trustee

Being named trustee means managing trust assets and carrying out the grantor's wishes. Your duties, timeline, compensation, and how to get started.