Imagine sorting through your aging parent’s important papers and discovering you’ve been named the executor of their estate. The title might sound distinguished, maybe even intimidating, but what exactly does it mean?
Being the executor of an estate doesn’t require legal expertise. It just means carrying out someone’s final wishes with care, organization and integrity. Whether you’re the named executor in a loved one’s will or you’re drafting your own, this guide explains what an executor does, their responsibilities and how to thoughtfully choose the right person for the job.
What is an executor of an estate?
An executor is the person legally responsible for carrying out the
Executors act as trusted representatives of the estate, often working closely with attorneys, accountants and beneficiaries to settle affairs fairly and efficiently. But they're not required to have professional expertise. They may be a family member, a close friend or a professional fiduciary.
Naming an executor is a critical part of
Executor vs. administrator
An executor is named in a will, while the court appoints an administrator when someone dies without a will. Executors and administrators serve similar roles in managing the estate, including handling assets, paying obligations and distributing property to heirs. But the key difference lies in how they're appointed and whether there's a will or not.
Executor of estate duties & responsibilities
Serving as an executor is a serious commitment that demands organization, financial responsibility, clear communication and patience. The executor works to settle the deceased person’s estate according to their wishes and in compliance with state law.
While the specific steps involved vary depending on the size and complexity of the estate, the process typically involves gathering information, settling outstanding obligations and
Some responsibilities include:
- Filing the will with the probate court. This step officially begins the legal process of validating the will and authorizing you to act as the executor. Most states require you to file the original will with the probate court
within 10 to 30 days of receiving it . - Creating or managing an asset inventory. Assets may include bank accounts, real estate, investments, vehicles and personal belongings. You should secure all assets as soon as possible and keep them safe until it’s time to distribute them to beneficiaries.
- Paying debts, taxes and final expenses. Executors must file final tax returns, pay any
estate taxes or income taxes owed, pay funeral costs, and settle credit card balances and outstanding loans. - Distributing remaining assets to heirs. Once you pay all debts and taxes, you can transfer the remaining property and funds to heirs as outlined in the will.
The settlement process can take anywhere from a few months to several years. On average, it takes nearly
Proper planning, accurate legal documentation and clear communication can help prevent complications and ensure assets go to loved ones as intended.
How to choose an executor of a will
Selecting the right executor is one of the most important estate planning decisions because this person manages probate, finances and family communication. This person carries out your final wishes, manages financial details and communicates with beneficiaries, so it’s important for them to be trustworthy and reliable.
How do you decide who should be the executor of your will? Look for someone who is organized, responsible and emotionally steady under pressure. Executors often need to track deadlines, gather documents and make decisions that impact family members, which requires integrity and sound judgment.
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Your executor doesn’t have to be a financial expert, but they should be capable of handling financial responsibilities like paying bills and coordinating with professionals like attorneys and accountants.
Many people choose a spouse, adult child or close friend as their executor. However, you may prefer to name a professional executor, such as an attorney or trust company, if your estate is complex or family dynamics are sensitive.
Consider age, health and proximity, as these factors affect an executor’s ability to handle probate tasks and meet legal deadlines. Ideally, your executor will outlive you, be in good health and live close enough to manage local tasks, such as filing court paperwork and meeting with advisors.
Have an honest conversation with the person you’re considering to ensure they’re comfortable taking on the responsibility when the time comes.
Factors to avoid when choosing an executor
Avoid choosing someone who:
- May be a minor or not mature enough to handle the responsibilities of closing the estate when you die
- May be too old to handle the responsibilities or has a good chance of dying before you do
- Lives far away and would have a hard time handling local tasks
- Is prone to becoming involved in family conflicts
- Is too busy to devote adequate time to estate settlement work
The goal is to select someone impartial and capable of making sound, objective decisions on behalf of your estate.
How to legally name an executor
To legally appoint an executor, you must name them in your will, clearly identifying their full name and relationship to avoid confusion during probate. This designation gives the person legal authority to act on your behalf after your death once the probate court validates the will. When drafting or updating your will, clearly identify your chosen executor by full name and relationship to avoid confusion.
Executors are typically entitled to reasonable compensation for their time and effort, as permitted under state law. The amount may be a percentage of the estate’s value or a flat fee, depending on local statutes and the complexity of the estate.
The
An estate planning attorney can help ensure your executor’s appointment and any compensation they receive meet the legal requirements of your state.
Additional considerations for your executor
Before naming an executor in your will, discuss your decision with them to confirm they’re prepared to fulfill the role. If you have extensive real estate holdings, unusual assets, own a business or have complex family situations, discuss the decision with your attorney or financial advisor. They can help ensure your executor is legally qualified to serve in the role and that your decision aligns with your broader
It's also wise to name an alternate executor in your will in case your first choice is unable or unwilling to serve, and make sure they know where to find important estate planning documents, including your will, insurance policies and account information.
Clearly communicating with executors now prevents confusion and stress later and ensures they’re prepared to carry out your wishes when the time comes.
Taking steps toward protecting your legacy
Ideally, an executor will manage your estate with care and honor your wishes after you die. Choosing the right person can make the process smoother for your loved ones and give you confidence your assets and financial interests will be taken care of.
As you build or update your estate plan, speaking with a
