Key Takeaways
- An executor (called a personal representative in some states) is the person you name in your will to settle your estate after you die.
- Their duties include filing the will with the court, gathering assets, paying debts and taxes, and distributing property to beneficiaries.
- A good executor is trustworthy, organized, available and able to stay calm around family tension.
- Always name an alternate, and ask your choices before naming them.
- Some states restrict out-of-state executors or require a bond, so check your state’s rules if your choice lives elsewhere.
What does an executor do?
The executor is the person in charge of carrying out your will. It’s a real job that can take months:
- Locate the will and file it with the probate court
- Get appointed by the court and obtain official documents to act for the estate
- Notify beneficiaries, banks, government agencies and creditors
- Inventory and protect assets: secure the home, manage accounts, collect property
- Pay valid debts and final expenses, including funeral costs
- File final income tax returns, and estate tax returns if required
- Distribute property to beneficiaries according to the will
- Keep records and close the estate with the court
Executors are fiduciaries, meaning they must act honestly and in the estate’s best interests, not their own.
Who makes a good executor?
| Choice | Pros | Watch out for |
|---|---|---|
| Spouse or partner | Knows your wishes and finances | May be overwhelmed by grief; consider a co-executor |
| Adult child | Invested in the outcome; knows the family | Can cause sibling tension if others feel left out |
| Sibling or close friend | Trusted; may be more neutral | Age, health and location |
| Professional (attorney, bank, trust company) | Experienced and neutral | Charges fees; less personal |
| Co-executors | Shares the workload | Must agree on decisions, which can slow things down |
Qualities to look for:
- Trustworthy and fair, especially if beneficiaries might disagree
- Organized and detail-oriented, since the job involves paperwork and deadlines
- Available, with the time and, ideally, proximity to handle things
- Financially responsible
- Willing: always ask first
Executor vs. beneficiary vs. trustee
Your executor can also be a beneficiary; that’s very common. A trustee manages assets in a trust, sometimes for years. An executor’s job ends when the estate is settled. The same person can play more than one role. See will vs. trust.
Setting your executor up for success
- Tell them where your will and important documents are kept
- Keep a list of accounts, insurance policies, debts and digital logins
- Record your funeral wishes somewhere easy to find
- Keep beneficiary designations current to reduce what goes through probate; see how to avoid probate
Frequently asked questions
Yes. It’s very common for a spouse or adult child to serve as executor while also inheriting under the will.
Executors are usually entitled to reasonable compensation under state law or the terms of the will. Many family members waive it, especially if they’re also beneficiaries.
Usually, but some states require out-of-state executors to be relatives, post a bond or appoint a local agent. Check your state’s rules.
They can decline. Your alternate executor then steps in. If no one named is available, the court appoints someone.
The court appoints an administrator, usually a close relative, to perform the same duties. See what happens if you die without a will.
Keep reading
- Estate Planning Checklist: The Documents Everyone NeedsA plain-English estate planning checklist: the will, living will, powers of attorney and other documents everyone needs, plus what to organize and when to update.
- What Is a Living Will? How It Works and What to IncludeA living will records your wishes about life-sustaining treatment if you can't speak for yourself. Learn what it covers, when it applies and how it differs from a will.
- Living Will vs. Advance Directive: What’s the Difference?An advance directive is the umbrella term; a living will is one type. Learn how living wills, health care powers of attorney and advance directives fit together.
- Will vs. Trust: Which Do You Need?Compare a will and a revocable living trust on probate, privacy, cost and control. Learn when a will is enough and when a trust makes sense.
- What Happens If You Die Without a Will?If you die without a will, state intestacy law decides who inherits, who manages your estate and who raises your kids. Here's what typically happens.
- Funeral Planning Checklist: How to Plan AheadA step-by-step funeral planning checklist: burial or cremation, the service, costs, paperwork and how to make sure your family can find your wishes in time.
- How to Avoid Probate: 6 Common StrategiesProbate can be slow, public and costly. Learn six common ways to pass assets directly to your heirs, from beneficiary designations to a living trust.
- Pet Trust: How to Provide for Your Pets After You’re GonePets can't inherit money, but a pet trust can fund their care. Learn how pet trusts work, how they compare with a will, and how to choose a caregiver.
Don’t leave your family guessing
Put your health care wishes in writing with a living will, HIPAA release and medical authorization. The No Brainer Box adds a last will, a revocable trust and health care and financial powers of attorney.
- Answer a few simple questions online
- Download your completed, ready-to-sign forms
- Sign them and keep copies in your account
This guide is general educational information written by the No Brainer Forms Team. It is not legal advice, and No Brainer Forms is not a law firm. Laws and signing requirements vary by state; for advice about your situation, talk to a licensed attorney in your state.