What Is an Executor? Definition and Duties

An executor is a person, bank or trust company named in a deceased person’s will that is tasked with carrying out the wishes of the deceased and settling the estate. Depending on the state, an executor might also be called a “personal representative” or “administrator” of the estate.

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An executor’s tasks may include filing a death certificate, paying funeral expenses and outstanding debts, and distributing the deceased’s assets to their chosen beneficiaries.

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What are the duties of an executor?

An executor is legally bound to carry out the wishes of the testator (creator of the will) and act in accordance with state laws. Responsibilities may vary by state, but executors typically have to carry out the following tasks:

1. Supervising the estate’s administration in probate court.

If you’ve been named the executor of a large estate or one with complicated assets like commercial real estate or ownership of a business, it may be beneficial to hire a probate lawyer for assistance. The court may require the executor of the estate to post a probate bond (also called a fiduciary bond), a guarantee that the executor will follow state laws and the will’s terms.

2. Filing the death certificate and will.

The executor is responsible for coordinating with funeral directors and medical examiners to get a copy of the death certificate. They will likely need to prove they have the authority to act on behalf of the estate with a letter of testamentary from the probate court. The executor also must file a copy of the decedent’s will with their state probate court to begin settling the estate.

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3. Notifying beneficiaries and creditors.

The executor must notify beneficiaries named in the will (if there is one) and creditors that the person has died. Creditors have a limited amount of time to file a claim against the estate for debts outstanding. If they don't file a claim in the allotted time frame, they do not have legal recourse to claim money from the estate.

4. Appraisal and maintenance of property and assets.

The executor must track down assets and get appraisals of the deceased’s property as well as file an inventory with the court. In many cases, executors will hire someone to appraise the property.

5. Handling ongoing expenses.

It may take months for the deceased’s property and assets to be transferred to a new owner. In the meantime, the estate must pay things such as mortgage payments, utility bills and other monthly expenses, and the executor is in charge of handling these bills.

An executor can set up an estate account with a bank or financial institution to ensure these expenses are paid appropriately. If the decedent is owed outstanding payments (for instance, a final paycheck or life insurance payout that lists the estate as a beneficiary), the executor deposits these funds into the estate account.

6. Paying outstanding debts and taxes.

If creditors file claims against the estate, the executor is obligated to pay off the debts using money from the estate or dispute the claim. The executor must also file a final tax return for the deceased and pay taxes owed.

7. Distributing the estate’s remaining assets to beneficiaries.

Once all debts and taxes have been paid, the executor is in charge of handling distributions from the estate to beneficiaries and heirs according to the terms of the will and state laws.

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Who can be an executor?

Generally, an executor should be someone you trust: a family member, a close friend or perhaps a lawyer or an accountant you have history with. You can also name an institution or corporate trustee as an executor.

Typically, anyone over legal age (18 in some states, 21 in others) who hasn’t committed a felony and is of sound mind can be an executor, but some states may have additional limitations. Check the rules specific to your state before naming an executor in your will.

Carrying out an estate administration can be complex and time-consuming, so it’s important to make sure the executor understands the responsibilities required. Straightforward estates can take months to close, and more complicated financial situations can take years in probate.

What happens without an executor?

If someone dies without a will, referred to as dying “intestate,” or the will doesn’t name an executor, the court will appoint an estate administrator, also called a representative, to handle the decedent’s affairs.

The probate court will typically name a next of kin as the administrator, depending on the state, but if no one is available, the court can name a professional administrator whose fees will come out of the decedent’s estate.

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In some cases, the original executor named in the will may be unable or unwilling to perform their duties. In that case, a different family member can volunteer to handle the duties of executor, or the court can appoint one. If you choose to accept a role as executor, you can also resign from the position at any time.