What Are My Duties as Executor?

Step-by-step guide for executors and personal representatives navigating probate. This checklist applies whether there was a will or not.

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This checklist provides general guidance for estate settlement. Requirements vary by state and circumstance. Consult a licensed attorney for legal advice.

Court-Guided Process

Court-Guided Process

Probate provides structure. The court oversees the process, protecting both executors and beneficiaries.

State-Specific Steps

State-Specific Steps

Filing fees, timelines, and procedures vary by state. Get the right requirements for your situation.

Executor Duties

Executor Duties

Understand your responsibilities including inventory filing, creditor claims, and final distributions.

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Frequently Asked Questions

Your immediate priorities are obtaining certified death certificates (request 10-15 copies), locating the original will, securing estate assets, and filing the will with the probate court. You should also notify close family members and begin identifying the deceased's assets and debts.

Simple estates typically take 9-12 months. Average estates take 12-18 months. Complex estates with disputes, tax issues, or unusual assets can take 2+ years. The creditor claim period (typically 3-6 months) sets a minimum timeline.

It depends on the complexity. Simple estates with cooperative beneficiaries can often be handled without an attorney. However, estates with real estate, business interests, disputes, or significant value usually benefit from legal guidance. Some states require attorney representation.

When someone dies without a will (intestate), state law determines who inherits. The court appoints an administrator (often the surviving spouse or adult child) to manage the estate. The process is similar to probate with a will, but distribution follows state intestacy laws.

Yes, executors are entitled to compensation. Some states have statutory fee schedules (often 2-5% of estate value), while others allow "reasonable" compensation based on time and complexity. You can waive the fee if you prefer.

After you publish notice to creditors (required in most states), there's a waiting period during which creditors can file claims against the estate. This is typically 3-6 months. You should not make final distributions until this period expires.