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

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

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.
More Estate Planning Resources
Explore related tools and documents to complete your estate plan.
Last Will and Testament
Create a free, state-specific will with witness and notarization requirements included.
Probate Cost Calculator
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.
Executor Fee Calculator
Calculate how much an executor (personal representative) can charge for administering an estate. See if your state has statutory fees or uses reasonable compensation.
Death Certificate Calculator
Calculate how many certified death certificates you need based on the assets and accounts you need to close. See state-specific ordering information.
Probate Decision Tool
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.
Estate Settlement Checklist
Get a personalized checklist for settling an estate after someone passes away. Covers trust administration, probate, and intestate estates.



