What Is an Executor?

An executor is the person you choose to handle your estate after you die. While you can legally name an institution like a bank as your executor, it’s usually better to pick a trustworthy person if you know someone suitable.

Choosing an executor is one of the most crucial aspects of creating a will. Your executor will be legally responsible for gathering your property, making sure your estate pays debts and taxes, and passing the rest to your beneficiaries as your will instructs. The executor must always act in your estate’s best interests, following your wishes and preserving assets for your beneficiaries to the greatest possible extent.

What Does the Executor of a Will Do?

An executor’s job can be simple or may take a lot of time and patience. How much work is involved depends on how much you own and how complicated your plans are.

Whatever the situation, an executor’s duties will be numerous. Here is a range of tasks an executor may be expected to carry out:

1. Order certified copies of the death certificate. The executor will need several official copies of the death certificate to handle legal and financial tasks. Often, a funeral home can order these to save a trip to the county clerk’s office.
2. Find and read the will. Your executor must locate your most recent will and review it carefully to be sure they understand your wishes.
3. Begin the probate process. Unless you’ve made a plan to avoid probate by using a living trust or other means, your chosen representative must file your will with the local probate court and ask to be officially named your executor. The court will give the executor a document called letters testamentary that they can use to prove their authority while winding up your affairs.
4. Notify interested parties. One of an executor’s most important duties is to find and notify beneficiaries and creditors of both your death and the probate proceedings. The executor must also contact Social Security, other plan administrators, and institutions like the DMV to inform them of your death.
5. Gather, secure, and inventory assets. This includes not only physical items like cars, furniture, and safe-deposit box contents, but also reviewing bank records, deeds, insurance policies, tax returns, and other paperwork. Sometimes, the executor may even need to hold eager heirs at bay while the estate is settled. The executor will make a detailed list of everything you own and what it’s worth.
6. Collect death benefits. Your executor should investigate and collect any death benefits due from sources such as life insurance, Social Security, veterans’ benefits, unions, or employers.
7. Managing day-to-day details. While probate is underway, the executor must handle everyday tasks like collecting mail, looking after property, and paying bills. They should also cancel credit cards and subscriptions, and follow any instructions you leave about digital assets (see below).
8. Pay debts and file taxes. Executors must identify and pay outstanding debts from the estate's assets, as well as cover the costs of final arrangements, such as funeral costs and burial or cremation. They must also prepare final income tax forms and pay any taxes owed.
9. Distribute property to beneficiaries. After paying any money your estate owes for debts or taxes
10. Close your estate. After settling your estate, your executor will present a final accounting to the court and request to officially close the probate proceedings.

Although this list is long, most executors can handle these tasks without needing a professional. Probate courts are usually designed to help people settle an estate on their own, especially if things are fairly simple.

Still, some executors choose to hire a probate lawyer to help with paperwork or any tricky parts of the process. Even if the estate seems simple, it can be helpful to talk to a lawyer. An accountant can also help with taxes. The estate’s assets will be used to cover these expenses.

Your Executor’s Access to Digital Assets

To help your executor manage your digital assets like email, social media, photos, videos, and online subscriptions, you need to give them legal authority in your will and clear instructions for access. It’s helpful to use tools from companies like Google and Facebook and to keep your passwords and devices organized. Even though new laws give executors more rights, many companies still have their own rules.

If you’re concerned about keeping things private from your executor and others, you might want to leave specific instructions or consult a lawyer about the best ways to restrict access to sensitive digital assets.

For more guidance, see Digital Assets and Estate Planning.

How to Choose an Executor

Looking over what an executor does can help you choose the right person for the job. The best qualities to look for are honesty, good organization, and attention to detail. Since many tasks are easier for someone who lives close by or knows your situation, it’s often best to pick a local family member or friend.

Selecting a Qualified Executor

The most important consideration when choosing an executor of your estate is to choose someone you trust with your personal records and finances. Many people choose someone who will inherit a significant portion of their estate, such as a spouse, partner, child, or close family member. This makes sense because they’re likely to take the job seriously. Additionally, this person is more likely to know where your records are kept and to understand your reasons for dividing your property as specified in your will.

Below are additional points to consider when choosing your executor. Whomever you choose, make sure that person is willing to accept the executor of will responsibilities. Keep in mind, too, that it’s important to discuss the possible duties involved with your chosen executor before officially naming them in your will.

Naming an Executor Who Lives in Another State

It’s usually easier to pick an executor of a will who lives close to you, since handling daily estate tasks is harder from far away. Still, you can legally name someone who lives in another state. All states allow this, but many require a bond or have extra rules for out-of-state executors.

Naming More Than One Executor

Although it’s legal to appoint two executors or two alternate executors to serve at the same time, this is not advisable. Joint executors can act independently of one another. If disagreements arise, it can lead to costly court proceedings and significant probate delays, ultimately harming your estate.

Naming an Institution as Executor of Your Estate

It’s usually best to choose a trusted person as your executor. But if you don’t know anyone who can handle your estate—especially if it’s large or complicated, or your beneficiaries need extra help—you can name a professional management firm or a bank as your executor.

If you want an institution to be your executor, check that they’re willing to do the job. Most will only accept if your estate is large. Professional executors can be expensive, often charging a percentage of your estate’s value plus extra fees for services like buying or selling assets.

If You Do Not Name an Executor

If you don’t name an executor in your will, the will is still valid, but it’s usually not a good idea to skip this step. Without a named executor, the court will have to appoint a relative to fill the role. If no family member is available, the court may pick an administrator who doesn’t know your property or your beneficiaries.

In many states, the law gives first priority to serve as executor to anyone who stands to inherit more than half of the estate under the will. If there is no such individual, the court will usually consider the following groups, in order, to find someone to serve:

• surviving spouse or registered domestic partner
• children
• grandchildren
• great-grandchildren
• parents
• siblings
• grandparents
• uncles, aunts, first cousins
• children of a deceased spouse or partner
• other next of kin
• relatives of a deceased spouse or partner
• conservator or guardian
• public administrator
• creditors, and
• any other person.

Naming an Alternate Executor

It’s a good idea to name at least one backup executor in case your first choice can’t serve. You might also want to name a second backup, just in case.

• First alternate. The first alternate executor steps in only if your primary executor is unable or unwilling to serve. As discussed above, it’s generally best to designate one person as your first alternate rather than co-alternates.
• Second alternate. The second alternate takes the job only if your first choice and first alternate are unable to serve.

Consider the same factors for choosing an alternate executor as you did when you made your first pick.

An executor usually isn’t personally responsible for honest mistakes, as long as they act carefully and in good faith. But if they do something wrong on purpose or are very careless, they could be held responsible for losses to the estate. Here are some examples:

• stealing from the estate
• distributing property before the estate is settled
• disregarding instructions in the will, or
• failing to pay debts or taxes.

To stay safe, executors should follow the will’s instructions, obey the law, keep good records, and ask a professional for help if they’re ever unsure.

Does an Executor Need Your Social Security Number?

Don’t put your Social Security number in your will, since it becomes public after probate. Instead, give it to your executor another way. Your Social Security number helps your executor find your records and figure out what belongs to you.

A good way to share your Social Security number is to write it on a separate document and keep it with your will. Don’t use a safe deposit box for this unless your executor can get to it easily.

Does the Executor of Your Estate Get Paid?

Every state allows an executor to be paid from the estate. Depending on the law, the amount of payment may be:

• a small percentage of the estate’s value
• a fee that the court finds reasonable, or
• determined by other factors set out in the state’s statutes.

An executor who is a close family member or expects to inherit a lot often does the work without payment. Some people leave a specific gift of money to their executor as a thank you. Others let the executor decide whether to accept payment, depending on the amount of work involved and whether the estate can afford it.

Outside experts, like lawyers, are almost always paid from the estate. The executor usually decides how much to pay them, but some states set fees for lawyers and other professionals, often a percentage of the estate’s value.

Talk to Your Executor

It’s best if your executor agrees to the job before you name them in your will. You might want to talk with them about what’s involved, or write a letter and then answer any questions they have. Here are some things to discuss:

• why you chose them for the role
• an executor’s duties and responsibilities
• the effort the job may require
• whether they might need to seek help from a lawyer or accountant
• where to find your will and other important information
• online or self-help resources for more guidance

Being open and supportive will help your executor feel prepared and valued.

Learn More About Wills

For more information about wills, see the following articles:

• Why Do You Need a Will?
• Different Types of Wills
• How to Write a Will Without a Lawyer
• How to Sign and Update a Will

You can find out more about making WillMaker’s will and living trust in WillMaker’s Legal Manual.