First Steps as an Executor: Your Complete Guide to Settling an Estate

Being named executor of someone’s estate is a significant responsibility. If you’ve just learned that someone close to you has passed and you’re now responsible for settling their affairs, you might be wondering where to even begin.

Here’s the good news: probate follows a predictable process with defined steps. We’ve guided many executors through this journey, and while it can feel overwhelming at first, there is a clear path forward. This guide walks you through each phase of the executor role, from the first week after someone passes to closing the estate months later.

You don’t need legal or financial expertise to be an effective executor. What you need is clear guidance, the right information at the right time, and the confidence to take things one step at a time.

What Does an Executor Actually Do?

An executor (sometimes called a “personal representative” depending on your state) is the person legally responsible for managing a deceased person’s estate. Your job is to carry out the wishes expressed in the will, protect the estate’s assets, pay valid debts and taxes, and distribute what remains to the beneficiaries.

This role comes with what’s called a “fiduciary duty.” In plain terms, this means you must act in the best interests of the estate and its beneficiaries, not your own interests. You’re expected to be honest, careful, and diligent in handling estate matters.

Key executor responsibilities include:

• Locating and filing the will with probate court
• Obtaining legal authority to act on behalf of the estate
• Notifying beneficiaries, creditors, and government agencies
• Inventorying and protecting all estate assets
• Paying legitimate debts in the proper order
• Filing required tax returns
• Distributing remaining assets according to the will
• Providing a final accounting and closing the estate

The role typically takes 6-12 months for straightforward estates, though complex situations can extend this timeline. Throughout this process, you’ll need to keep detailed records of every action you take and every dollar that moves in or out of the estate.

First Steps After Someone Passes (Days 1-7)

The first week after someone dies is emotionally difficult. You’re grieving while also facing immediate practical responsibilities. Focus on these essential tasks first.

Locate and Read the Will

Your first priority is finding the most recent version of the will. Check these common locations:

• Home office, filing cabinets, or safe
• Safe deposit box at a bank
• The deceased’s attorney’s office
• Digital storage (email, cloud drives)

Once you find the will, read it carefully to understand your responsibilities and the deceased’s wishes. Make copies for your records, but keep the original safe. You’ll need to submit the original to probate court.

If you cannot locate a will after a thorough search, the estate may need to go through intestate succession, where state law determines how assets are distributed.

Order Certified Death Certificates

You’ll need certified copies of the death certificate for nearly every task ahead: filing with probate court, claiming life insurance, closing bank accounts, transferring property titles, and notifying government agencies.

Order 10-15 certified copies. This may seem like a lot, but you’ll use them quickly. The funeral home typically handles ordering death certificates, or you can request them directly from the state vital records office. Each certified copy costs $10-25 depending on your state.

Banks, insurance companies, and government agencies require certified copies with a raised seal. Regular photocopies won’t be accepted.

Secure the Home and Valuable Property

Until the estate is formally settled, you’re responsible for protecting estate assets. Take these steps immediately:

• Secure the residence: Change locks if necessary, especially if keys were widely distributed
• Maintain insurance: Ensure homeowner’s insurance remains active; notify the insurer of the death
• Protect valuables: Secure jewelry, cash, important documents, and collectibles
• Check for perishables: Address any pets, plants, or food that need attention
• Document the condition: Take photos or video of the property and valuable items

If the deceased lived alone, you may need to arrange for mail forwarding and regular property checks until the estate is settled.

Notify Immediate Family and Close Contacts

While formal notifications come later, let immediate family members know you’ve been named executor. This simple step can prevent confusion and reduce family tension during an already difficult time.

Keep communications factual and reassuring. Let people know you’re handling the estate responsibilities and will keep them informed as the process moves forward. For detailed guidance on communication best practices, see our guide on what beneficiaries wish executors knew.

Getting Legal Authority to Act (Days 7-30)

You cannot legally act on behalf of the estate until a court grants you authority. This is a critical step that many new executors don’t realize is necessary.

File the Will with Probate Court

Most states require you to file the will with the probate court within 30 days of death, though some states have shorter deadlines. Contact the probate court in the county where the deceased lived to understand local requirements.

To file, you’ll typically need:

• The original will
• A certified copy of the death certificate
• A completed petition for probate (forms available from the court)
• Filing fee (varies by state, typically $50-400)

The court will schedule a hearing to validate the will and formally appoint you as executor.

Obtain Letters Testamentary

After the court approves your appointment, you’ll receive “Letters Testamentary“ (called “Letters of Administration” if there’s no will). This legal document proves your authority to act on behalf of the estate.

Request multiple certified copies of these letters. You’ll need to present them to banks, financial institutions, insurance companies, and anyone else who needs proof that you’re authorized to manage estate affairs.

Determine If Full Probate Is Required

Not every estate requires full probate proceedings. Many states offer simplified procedures for smaller estates. Depending on your state and the estate’s value, you may qualify for:

• Small estate affidavit: For estates below a threshold (often $50,000-$150,000 depending on state)
• Summary probate: A shortened process for modest estates
• No probate needed: If all assets have beneficiary designations or are jointly owned

Assets that typically bypass probate include:

• Retirement accounts with named beneficiaries (401(k), IRA)
• Life insurance with named beneficiaries
• Bank accounts with payable-on-death designations
• Property held in joint tenancy with right of survivorship
• Assets held in a living trust

Understanding which assets require probate helps you plan your approach and set realistic expectations for the timeline.

Consider Whether You Need an Attorney

You’re not required to hire an attorney, and many executors handle straightforward estates on their own. However, legal help may be valuable if:

• The estate is large or complex
• There are potential disputes among beneficiaries
• The deceased owned a business
• There are significant tax implications
• You’re unsure about state-specific requirements
• The will is unclear or contested

If you do hire an attorney, their fees are typically paid from the estate, not from your personal funds. Some executors work with attorneys on a limited basis, consulting for specific questions rather than full representation.

Inventorying and Managing the Estate (Days 30-90)

Once you have legal authority, the work of managing the estate begins in earnest.

Open an Estate Bank Account

Open a dedicated bank account in the estate’s name. You’ll need:

• Your Letters Testamentary
• A certified death certificate
• An Employer Identification Number (EIN) for the estate (free from the IRS)
• Your personal identification

All estate income (final paychecks, investment dividends, rent payments, insurance proceeds payable to the estate) should flow into this account. All estate expenses should be paid from it. This separation creates a clear paper trail and protects you from accusations of mishandling funds.

Create a Complete Asset Inventory

One of your most important duties is creating a comprehensive inventory of everything the deceased owned. This includes:

Financial accounts:

• Bank accounts (checking, savings, CDs)
• Investment accounts (brokerage, stocks, bonds, mutual funds)
• Retirement accounts (401(k), IRA, pension)
• Life insurance policies

Real property:

• Primary residence
• Vacation homes or rental properties
• Land

Personal property:

• Vehicles (cars, boats, motorcycles)
• Jewelry and valuables
• Art, antiques, and collectibles
• Furniture and household items

Digital assets:

• Online accounts and subscriptions
• Cryptocurrency
• Digital photos, documents, and intellectual property
• Social media accounts

Other assets:

• Business interests
• Money owed to the deceased
• Pending legal claims or settlements

Review bank statements, tax returns, mail, and financial documents to identify all assets. Many probate courts provide inventory worksheets to help you organize this information.

For assets that are difficult to value, such as real estate, business interests, or collectibles, you may need to hire professional appraisers.

Secure and Maintain Property

During probate, you’re responsible for maintaining estate property. This includes:

• Paying mortgage, property taxes, and insurance
• Handling necessary repairs
• Winterizing vacant properties
• Managing rental properties (collecting rent, addressing tenant issues)
• Keeping vehicles insured and maintained

If selling property makes financial sense for the estate, you may be able to do so with court approval. Consult your attorney or the probate court about procedures for selling estate assets.

Identify All Financial Accounts

Beyond the inventory, you need to determine the status of each financial account:

• Does it have a beneficiary designation? If so, it passes directly to the beneficiary outside of probate
• Is it jointly owned? Joint accounts with right of survivorship pass to the surviving owner
• Is it part of the probate estate? If neither of the above applies, the account becomes part of the estate you manage

Notify each financial institution of the death and provide copies of the death certificate and your Letters Testamentary. Some institutions will freeze accounts until they receive proper documentation; others will allow you to manage the account once you prove your authority.

Handling Creditors and Debts (Days 30-180)

Before you can distribute assets to beneficiaries, you must address the deceased’s debts.

Notify Creditors

Most states require you to notify known creditors directly and publish a notice in a local newspaper to alert unknown creditors. This formal notification starts a clock: creditors typically have 4-6 months to file claims against the estate.

Common creditors to notify include:

• Credit card companies
• Mortgage lenders
• Medical providers
• Utility companies
• Anyone the deceased owed money to

The probate court can provide specific requirements for creditor notification in your state.

Review and Validate Claims

When creditors submit claims, you must review each one. You have the authority to:

• Pay valid claims
• Reject invalid or fraudulent claims
• Negotiate disputed amounts

If you reject a claim and the creditor disputes your decision, they may take the matter to probate court for resolution.

Pay Legitimate Debts in the Proper Order

State law establishes the order in which debts must be paid. While specifics vary, the general priority is:

1. Administrative expenses (court fees, attorney fees, executor fees)
2. Funeral and burial expenses
3. Taxes owed
4. Secured debts (mortgages, car loans)
5. Unsecured debts (credit cards, medical bills, personal loans)

If the estate doesn’t have enough assets to pay all debts, you pay in priority order until funds run out. Lower-priority creditors may receive partial payment or nothing at all. This is called an “insolvent estate.”

Important: Never pay debts from your personal funds. As executor, you’re managing estate resources, not supplementing them.

Handle Ongoing Expenses

Some expenses continue during estate administration:

• Mortgage or rent payments
• Utility bills
• Property insurance
• Storage fees
• Professional fees (attorney, accountant, appraiser)

Pay these from the estate bank account and keep detailed records of every payment.

Managing Taxes

Tax obligations don’t end with death. As executor, you’re responsible for filing several types of tax returns.

File the Decedent’s Final Income Tax Return

You must file a final Form 1040 for the deceased, covering income from January 1 through the date of death. This return is due by the normal April 15 deadline (or the next filing deadline after death).

If the deceased was married, you may be able to file a joint return with the surviving spouse for that final year.

Determine If Estate Tax Applies

Federal estate tax only applies to estates exceeding $13.99 million (2025 threshold). Most estates fall well below this limit and owe no federal estate tax.

However, some states impose their own estate or inheritance taxes with lower thresholds. Check your state’s requirements.

File Estate Income Tax If Needed

If the estate earns income during administration (interest, dividends, rent), you may need to file Form 1041, the estate income tax return. This is separate from the decedent’s final personal return.

An estate becomes a separate taxpayer. If the estate earns more than $600 in income during administration, Form 1041 is required.

Consider working with a tax professional, especially if the estate is complex or has significant assets. Tax preparation fees are legitimate estate expenses.

Distributing Assets to Beneficiaries

This is the step everyone has been waiting for. Once debts and taxes are settled, you can distribute remaining assets according to the will.

Verify All Debts and Taxes Are Settled

Before distributing assets, confirm that:

• The creditor claim period has expired
• All known debts have been paid or resolved
• All required tax returns have been filed
• Any tax obligations have been paid or reserved

Distributing assets too early can create personal liability for you if unpaid debts surface later.

Follow Will Instructions for Distribution

Distribute assets exactly as the will directs. This may involve:

• Transferring property titles
• Distributing cash
• Dividing personal property
• Funding trusts established by the will

If the will is unclear about a particular distribution, seek guidance from the probate court or an attorney before acting.

Get Signed Receipts from Beneficiaries

Have each beneficiary sign a receipt acknowledging what they received. This documentation protects you from future claims that distributions were made incorrectly.

A simple receipt includes:

• Description of the asset or amount received
• Date of distribution
• Beneficiary’s signature
• Statement that this fulfills their entitlement under the will

Handle Disputes If They Arise

Family dynamics can complicate distributions. If beneficiaries dispute the will or your actions as executor:

• Document everything carefully
• Communicate transparently with all parties
• Seek mediation if possible
• Consult with an attorney if disputes escalate
• Ultimately, the probate court can resolve contested matters

Your job is to follow the will and act fairly. You cannot favor one beneficiary over another or let personal relationships influence your decisions.

Closing the Estate

The finish line is in sight. Closing the estate formally ends your duties as executor.

Prepare Final Accounting for the Court

Most probate courts require a final accounting that shows:

• All assets that came into the estate
• All debts and expenses paid
• All income earned during administration
• All distributions to beneficiaries
• The final balance (ideally zero)

This accounting proves you managed the estate properly. Keep all supporting documentation: bank statements, receipts, invoices, distribution records.

Request Discharge from Executor Duties

Once the court approves your final accounting, you’ll petition for formal discharge. This legally ends your role and protects you from future liability related to estate administration.

Some states allow informal closing for smaller estates, while others require formal court approval. Follow your court’s procedures.

Close Estate Bank Account

After all final distributions are made and the account balance is zero, close the estate bank account. Keep your records for at least 3-5 years in case questions arise later.

How Long Does All This Take?

Estate settlement timelines vary significantly:

• Simple estates: 6-9 months
• Average estates: 9-12 months
• Complex estates: 12-24 months or longer

Factors that extend the timeline include:

• Will contests or beneficiary disputes
• Business interests or complex assets
• Real estate in multiple states
• Tax complications
• Creditor claims
• Missing heirs or beneficiaries

Throughout this process, courts, creditors, and the IRS set many of the deadlines. Being organized and responsive helps keep things moving.

Common Executor Questions

Can I decline to be executor?

Yes. Being named executor doesn’t obligate you to serve. If you don’t want the responsibility, you can renounce the role by signing a form with the probate court. The next person named in the will (or someone appointed by the court) would then serve.

Do I get paid for being an executor?

Typically, yes. Executor compensation varies by state. Some states set fees as a percentage of the estate (often 2-5%), while others allow “reasonable compensation” based on time and complexity. The will may also specify compensation. Executor fees are paid from the estate and are taxable income to you.

Can an executor also be a beneficiary?

Yes. In fact, executors are often close family members who are also beneficiaries. There’s no conflict as long as you fulfill your fiduciary duties and treat all beneficiaries fairly.

What if there’s no will?

When someone dies without a will (called “intestacy”), the probate court appoints an “administrator” instead of an executor. Assets are distributed according to state intestacy laws, which typically prioritize spouses and children. The process is similar to probate, but the state determines who inherits rather than the deceased’s wishes.

Can I be sued as an executor?

If you breach your fiduciary duties through negligence, self-dealing, or mismanagement, beneficiaries or creditors can sue you personally. However, if you act in good faith, follow the will, keep accurate records, and seek professional guidance when needed, your risk is minimal. Some executors purchase liability insurance for additional protection.

You Don’t Have to Do This Alone

Being an executor is one of life’s most challenging responsibilities. You’re navigating complex legal and financial processes while often grieving yourself. It’s a lot to handle.

The good news is that you don’t have to figure everything out on your own. Probate follows a predictable path, and with the right guidance, you can fulfill your duties with confidence.

Whether you’re just starting this journey or you’re in the middle of it and feeling stuck, support is available. From step-by-step guidance to document organization to expert help when you need it, the right tools and resources can make this process manageable.

The most important thing to remember: this is doable. Thousands of first-time executors successfully settle estates every year. With patience, organization, and the right support, you can do this well.

Ready to get started with clear, step-by-step guidance? Entrusted helps executors navigate probate with confidence, keeping you organized and on track from first steps to closing the estate.