What is an executor of a will?
An executor of a will is the person you choose to handle your estate after you pass away. Their job is to make sure your wishes are carried out, your bills are paid, and your property is distributed according to your will.
In simple terms, the executor manages the legal and financial wrap-up of your life. This includes working through the probate process, handling paperwork, and communicating with beneficiaries.
Some states use the term “personal representative” instead of executor. In most cases, the roles are the same. When people ask “what is a will executor?” or “who is in charge of disbursing an estate?” they are usually referring to this role.
Executors are typically named in a Last Will and Testament, but being named does not automatically give someone authority. The probate court must officially appoint the executor before they can act.
How is an executor appointed?
Most wills name an executor, but a few formal steps are required before the role becomes official.
After the death of the will maker:
- The person named as executor files the will with the probate court.
- They ask the court to formally appoint them as executor (or personal representative).
This court appointment is a routine step. It helps ensure the estate is handled properly and according to state law.
Although courts are not required to appoint the named executor, they usually do. During the appointment process, the court may review:
- Whether the executor lives out of state.
- Whether a bond is required.
- Whether there are challenges to the will.
Early probate steps often focus on organization and transparency, such as:
- Notifying heirs and creditors.
- Addressing any will contests.
- Obtaining a federal tax identification number for the estate.
- Opening a bank account in the estate’s name.
In many states, executors must post a bond, which acts like insurance to protect estate assets. Some wills include language about waiving a bond requirement. Whether a bond is required depends on state law and court approval.
What does an executor of a will do?
The executor’s role is to represent and administer the estate during probate. While every estate is different, executor duties usually fall into three main stages.
Inventorying assets, debts, and expenses
Once appointed, the executor must identify everything the estate owns and owes. This often includes:
- Reviewing financial and property records.
- Determining which assets must go through probate.
- Safeguarding estate property.
- Valuing assets and filing an inventory with the court.
The executor must also identify debts and expenses and may need to:
- Publish a legal notice of probate.
- Provide required notices to beneficiaries.
Paying taxes, debts, and expenses
Before distributing property, the executor must take care of required payments, including:
- Filing final and estate tax returns.
- Paying valid debts and ongoing expenses.
- Paying executor and attorney fees, if applicable.
To cover these costs, the executor may need to sell assets. This can sometimes create taxes or fees, which is why many executors choose to work with a professional for guidance. During this phase, the executor may also close accounts held in the decedent’s name or temporarily place assets into a trust.
Distributing estate assets
After debts, expenses, and taxes are paid—and once the creditor claim period ends—the executor distributes the remaining assets based on:
- The terms of the will.
- Applicable state law.
The executor prepares a final accounting that shows all income, expenses, and distributions. After court approval, the remaining assets are distributed and the estate is officially closed.
How long does estate administration take?
Estate administration takes time. It involves paperwork, financial decisions, and sometimes helping family members work through disagreements.
Many estates are settled within six months of the executor’s appointment. More complex estates—such as those with business interests or disputes—can take much longer.
If you’ve been named executor but are unable to serve, you can step down. In that case, either the will or the court will appoint a replacement.
How do I choose an executor?
Choosing an executor can feel stressful, especially when emotions and family relationships are involved. That’s completely normal.
Executors handle legal and financial responsibilities during a sensitive time. When deciding how to choose an executor, people often think about practical qualities, such as organization and reliability.
Consider whether the person is:
- Organized and financially capable.
- Trustworthy.
- Emotionally steady under pressure.
- Willing to serve.
Family members are often chosen, but they may be grieving or involved in family conflict. While relatives often waive executor fees, they are not always the best fit.
Some people find it helpful to think through the decision step by step, such as:
- Make a list of people who could realistically serve.
- Remove anyone who isn’t a good fit or would be overwhelmed by the responsibility.
- Rank the remaining options based on trust and reliability.
- Talk with your top choices and confirm they are willing and comfortable serving.
Questions to consider when selecting an executor
- Are they responsible and financially savvy?
- Do they manage their own finances well?
- Are they mentally and physically able to handle the work?
- Are there legal issues—such as residency or past convictions—that could limit their ability to serve?
- Can they remain patient and avoid family conflict?
If you prefer a professional executor, banks and estate administrators can be good options. Early conversations can make estate administration much smoother later on.
Always tell someone before naming them as executor, and consider naming a backup executor as well.
Are there restrictions on who can be an executor?
Yes. In general:
- Executors must be legal adults.
- Many states restrict convicted felons.
- Non-U.S. citizens or non-residents may face limitations.
Some states require executors to live in the state or impose extra requirements—such as posting a bond or naming a co-executor—if the executor lives elsewhere. Because availability and travel can affect efficiency, some wills name alternate executors in case the first choice cannot serve.
Can an executor also be a beneficiary?
Yes. It’s common for an executor of a will to also be a beneficiary, and most states allow this.
Advantages include:
- Familiarity with the estate and your wishes.
- Executor fees may be waived.
Potential concerns include:
- Conflicts of interest, especially when the executor has discretion.
- Increased scrutiny from other beneficiaries.
- Family tension, particularly among siblings.
Even though courts oversee executors, perceived unfairness can still lead to disputes. Some estates use co-executors, which can add oversight. In some cases, disagreements between co-executors may also slow the process.
Will the court appoint the executor named in my will?
In many cases, yes. Probate courts generally appoint the executor named in the will, as long as they meet legal requirements.
The court typically reviews:
- Executor qualifications.
- Residency issues.
- Bond requirements.
Help! I’ve been named an executor—should I accept?
Being named executor often comes during a time of loss, and it’s normal to feel unsure.
While most tasks aren’t urgent right away, executors are responsible for:
- Navigating probate procedures.
- Managing estate administration.
- Filing final tax returns.
If you’re uncertain, reviewing general probate information or requesting a legal consultation can help you better understand what the role involves. If you’re unable or unwilling to serve, you can decline or step down so someone else can take over.
What should I do next?
If you want extra support, Rocket Lawyer can help you feel confident at every step.
- Executors can consult attorneys to understand probate duties and requirements.
- Estate planners can find general legal information about how executors and alternates are commonly chosen.
- Legal tools, checklists, and documents are available to support estate administration.
You don’t have to figure this out alone. With clear legal information and helpful tools, choosing—or serving as—an executor can feel far more manageable.
Please note: This page offers general legal information, not but not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask a Legal Pro.
