What Are My Duties as Executor?
Step-by-step guide for executors navigating probate, from filing the will to closing the estate.
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. Use our Who Inherits Calculator to see how assets are distributed under your state's intestacy laws, and our estate settlement checklist for the no-will administration workflow.
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. Use our Executor Fee Calculator to estimate compensation in your state.
An executor's core duties typically include: (1) locating and filing the original will with the probate court, (2) obtaining letters testamentary authorizing them to act, (3) identifying and securing estate assets, (4) notifying beneficiaries and known creditors, (5) publishing notice to unknown creditors and managing the claim period, (6) paying valid debts and filing the final income tax return plus any estate tax return, and (7) distributing remaining assets to beneficiaries and closing the estate. State probate codes (e.g., Cal. Prob. Code § 8400 et seq.) set the specific procedures and deadlines.
Yes. A revocable living trust keeps assets out of probate entirely — the successor trustee handles distribution without court filings, creditor notification periods, or inventory requirements. The process you're navigating now is exactly what a trust is designed to avoid. A revocable trust through SimplyTrust is completed online in about 15 minutes.
