How to Settle an Estate: An Executor’s Checklist

The executor's job from start to finish, with a checklist you can work through.

By No Brainer Forms Team Updated 3 min read

Key Takeaways

  • Settling an estate means gathering the deceased person’s assets, paying their debts and taxes, and distributing what’s left to the right people.
  • The executor named in the will (or a court-appointed administrator) does this work, and owes a legal duty to act honestly and carefully.
  • Not everything goes through the estate: accounts with beneficiaries, jointly owned property and trust assets pass directly.
  • Open a separate estate bank account and keep detailed records of every dollar in and out.
  • Don’t distribute property until debts, taxes and the creditor claim period are handled.

The executor’s role

The executor (also called a personal representative) is responsible for winding up the deceased person’s financial life. It’s a fiduciary role: the executor must act in the best interests of the estate and its beneficiaries, not their own. If you’re choosing an executor for your own will, see how to choose an executor.

Executor checklist

Phase 1: Get started

  1. Find the original will and any trust documents
  2. Order certified death certificates; see how many you need
  3. Decide whether probate is needed; see what is probate?
  4. File with the probate court and get official letters giving you authority
  5. Get an employer identification number (EIN) for the estate from the IRS
  6. Open an estate bank account

Phase 2: Find and protect assets

  1. Secure the home, vehicles and valuables; keep insurance in force
  2. Inventory bank, investment and retirement accounts, real estate and belongings
  3. Identify assets that pass outside the estate (beneficiary designations, joint ownership, trusts)
  4. Get appraisals where required

Phase 3: Notify and pay

  1. Notify institutions, government agencies and creditors; see who to notify
  2. Publish a notice to creditors if your state requires it
  3. Review claims and pay valid debts from estate funds, in the priority your state sets
  4. File the final personal income tax return, estate income tax returns, and an estate tax return if required

Phase 4: Distribute and close

  1. Prepare an accounting of everything received and paid
  2. Distribute remaining property to beneficiaries, getting signed receipts
  3. File closing documents with the court

What goes through the estate, and what doesn’t

AssetHandled by executor?How it passes
Accounts and property in the person’s name aloneYesUnder the will or state law
Life insurance and retirement accounts with beneficiariesNoDirectly to named beneficiaries
Payable-on-death and transfer-on-death accountsNoDirectly to named beneficiaries
Jointly owned property with survivorshipNoTo the surviving owner
Assets in a living trustNo, the successor trustee handles themUnder the trust’s terms
Debts and final billsYesPaid from estate assets
Which assets the executor handles

Common executor mistakes

  • Paying beneficiaries before debts and taxes are settled
  • Mixing estate money with personal money
  • Paying debts from your own pocket
  • Missing court or tax deadlines
  • Not keeping beneficiaries informed

Frequently asked questions

How long does an executor have to settle an estate?

There’s usually no fixed deadline, but executors must act with reasonable diligence. Most simple estates take several months; complex ones can take a year or more.

Can an executor be paid?

Usually yes. Executors are generally entitled to reasonable compensation under state law or the will, though many family members waive it.

Is the executor personally liable for the estate’s debts?

Generally no, as long as they act properly. An executor can become personally liable if they distribute property before paying valid debts or taxes.

Can an executor sell the house?

Often yes, especially if the will grants that power or the court approves. Rules depend on the will and state law.

What if beneficiaries disagree with the executor?

Beneficiaries can ask the executor for an accounting and, if needed, ask the probate court to review the executor’s actions.

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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.