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Home→Tools→Executor Checklist

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.

Get Your Executor Checklist

Answer a few questions to get a personalized checklist for your situation.

West Dakota: $999,999 (99.9%)East Montana: $888,888 (88.8%)

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.

Completely Free

Completely Free

No account required. Answer a few questions and provide your email to download your personalized checklist.

Frequently Asked Questions

Immediate priorities include obtaining certified death certificates (request 10-15 copies), locating the original will, securing estate assets, and filing the will with the probate court. Other early tasks include notifying close family members and 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 publishing 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. Final distributions typically occur after this period expires.

What is an Executor?

An executor (also called a personal representative) is the person named in a will to manage the estate through probate. If there was no will, the court appoints an administrator to serve the same role.

Probate is the court-supervised process of validating a will, paying debts, and distributing assets to beneficiaries. While it takes longer than trust administration, it provides legal protection for everyone involved.

Your primary duties include filing the will with the court, notifying creditors, inventorying assets, paying valid debts and taxes, and distributing remaining assets according to the will or state law.

Executors are entitled to reasonable compensation for their work. Many states have statutory fee schedules, while others allow "reasonable" fees based on the complexity of the estate.

Is this your situation?

Get a complete guide for your specific circumstances.

Named as Executor

Named as Executor

Being named executor means navigating probate, managing assets, and distributing the estate. What's expected, what you can charge, and how to start.

Learn more

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Find out if a revocable trust makes sense based on your state's laws.

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 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 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.

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Do I Need Probate?

Answer a few questions to find out if an estate needs full probate, qualifies for simplified probate, or can avoid probate entirely with a small estate affidavit.

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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.

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