Quick answer: An executor, also called a personal representative, collects the deceased person's assets, pays the debts, expenses and taxes, and distributes what is left to the people entitled to it, under the court's authority and with a duty to act for the heirs and beneficiaries. In practice that means notifying heirs and creditors, listing the assets, filing the tax returns, keeping records, and closing the estate. The executor is personally responsible for doing it correctly.
On this page:
- The core job
- The checklist, in order
- The tax duties people miss
- Personal responsibility, and how to protect yourself
- Before you say yes
- Pay and costs
The core job
The IRS sums up the role in one line: a personal representative's primary duties are to collect the decedent's assets, pay the creditors, and distribute what remains to the heirs or other beneficiaries. The word "executor" is used when the will names the person; the court appoints an "administrator" when there is no will or the named executor cannot serve. The IRS says that in general the two perform the same duties and have the same responsibilities.
The role is a fiduciary one. A court-hosted guide says the representative must act with care and prudence, follow the will unless the court directs otherwise, and treat the heirs and beneficiaries fairly. The rest of this guide takes the duties in the order you will meet them. For the court process around them, see how probate works.
The checklist, in order
Alaska's court system publishes an official checklist of duties and deadlines for personal representatives. Its deadlines are Alaska's, but the sequence of tasks is the one most executors follow. It notes that the tasks are generally done in order, though some can overlap, and that you can only begin after the court appoints you and issues your letters.
- Get appointed and ask for several copies of the letters. Alaska's court system advises getting several certified copies of the letters, because companies will ask to keep one when you transfer property.
- Apply for the estate's tax ID and notify the IRS. See the tax section below. It comes first because you need the number on the estate's returns and paperwork.
- Notify heirs and beneficiaries. State law typically sets a deadline for telling the people named in the will, or the heirs, about the estate. Alaska's checklist, for example, gives 30 days.
- Notify creditors. Known creditors are notified directly and a notice is published in a newspaper, which starts the clock for filing claims. The checklist adds that some later tasks cannot move forward until this is done.
- Take control of the assets and list them. Collect, protect and inventory the property. A Minnesota court guide counts collecting, listing and protecting the assets, and giving interested parties the inventory, among the principal duties. Alaska's checklist sets three months after appointment for filing the inventory.
- Review the creditor claims. Decide which claims are valid, dispute the ones that are not, and tell creditors with valid claims that you intend to pay them.
- Pay in the right order. If the estate can pay everything, valid claims are paid. If it cannot, state law sets the order. Alaska's checklist puts family allowances first, then secured creditors, the costs of administering the estate, funeral expenses, and certain federal debts and taxes, followed by other categories, with ordinary claims last. Get a receipt every time you pay.
- Sell property if it is needed. A representative may be authorized or required to sell property, for example to raise cash to pay debts. If a house has to be sold, the Probate Real Estate Sale Calculator covers approval, costs and taxes.
- Prepare the final accounting. Send the accounting and proposed distribution to the heirs and beneficiaries and file it with the court, where required.
- Distribute what is left. Hand the remaining property to the people entitled to it. Alaska's checklist has each of them sign a receipt, and in formal cases the court has to approve the proposed distribution first.
- Close the estate. Depending on the type of case, that means a sworn closing statement or a court order. Then finish any outstanding payments and confirm that your appointment has ended.
How long all this takes depends on the waiting periods built into it. See how long probate takes, or check your state's deadlines with the Probate Timeline Calculator.
The tax duties people miss
Death does not end the deceased person's tax obligations, and the estate becomes a taxpayer of its own. IRS Publication 559 lists what falls to the personal representative:
- An employer identification number (EIN) for the estate. The publication calls it the first action to take, because the number goes on returns and has to be given to the banks and other payers that report interest and dividends. You can apply for one from the IRS.
- Notice of your appointment. A fiduciary must tell the IRS in writing, using Form 56, as soon as the information, including the EIN, is available.
- The final personal income tax return. The representative files it for the year of death, and for any earlier year that had not been filed. It is generally due on April 15 following the year of death.
- The estate's own income tax return. Income received after the date of death goes on the estate's return, not the final personal one, and the representative chooses the estate's tax year on the first return.
- A federal estate tax return, only if the estate is large enough. The IRS notes that most relatively simple estates do not need to file.
Some states add their own estate or inheritance tax with separate deadlines. The State Estate Tax Calculator and the Inheritance Tax Calculator list the states that have one. And a warning from the IRS: reliance on an attorney or accountant is not reasonable cause for a late return, so filing on time remains your duty even when a professional prepares the return.
Personal responsibility, and how to protect yourself
The role carries real exposure. A Minnesota court guide says the representative is personally responsible for handling the estate completely and correctly, and Wyoming's guide adds that creditors and beneficiaries can contest inappropriate or bad-faith actions. On taxes, the IRS says the representative of an insolvent estate is personally responsible for the decedent's and the estate's tax liabilities if they knew of them, or failed to use due care to find them, before distributing assets.
- Pay debts and taxes before distributing. Court guides note that these obligations typically have to be settled before beneficiaries receive their shares.
- Follow the order of payment that state law sets when the estate cannot cover everything.
- Keep detailed records and receipts. Alaska's checklist asks for receipts when claims are paid, and Arizona's court help advises that detailed records of the services rendered help if a fee is disputed.
- Ask for a discharge on taxes when you can. After the returns are filed, an executor can ask the IRS to be discharged from personal liability for the decedent's income, gift and estate taxes, using Form 5495.
- Get legal help when needed. Alaska's checklist recommends a lawyer when the estate is legally complicated or worth a lot, or when people disagree about what should happen.
Before you say yes
Being named in a will does not make you the executor, because the court makes the appointment, and you are not forced to accept. Wyoming's guide suggests confirming that you have the skills and resources to administer the estate, since the role brings powers and responsibilities with serious legal consequences. Some estates are simple; others involve complex, rigorous work. Our guide on when probate is required helps you gauge which one you are facing.
Pay and costs
An executor is entitled to reasonable compensation but does not have to take a fee. Any fees received are taxable income, as Publication 559 explains. What states allow, how the pay is set and what to do about it are covered in how much an executor gets paid and in the Executor Fee Calculator, and the Probate Cost Calculator puts the fee in the context of the total cost. For where each of those numbers comes from, see how much probate costs.
The whole set of tools sits at the probate calculators page, and our methodology shows how each figure is verified.