What Executors Need to Know: Duties & Responsibilities
Being named the executor of a will is both an honor and a responsibility. It means the deceased trusted you to carry out their final wishes, settle their estate, and ensure that everything is handled correctly.
But if you've never been an executor before, you might be wondering:
What exactly does an executor do?
What legal responsibilities am I taking on?
How do I avoid making costly mistakes?
Don’t worry—you’re not alone. At Ortego Law Firm, we help executors navigate this process step by step, making sure they fulfill their duties properly and efficiently. Let’s break it down.
What Is an Executor?
An executor is the person appointed in a will to manage the deceased’s estate. Their job is to ensure that debts, taxes, and final expenses are paid and that any remaining assets are distributed according to the will’s instructions.
Think of an executor as the estate’s project manager—overseeing everything from legal filings to asset distribution.
Legal Responsibilities of an Executor
Executors have fiduciary duties, meaning they must act in the best interest of the estate and its beneficiaries.
Here’s a general roadmap of what executors are responsible for:
Locate & File the Will
Find the original, signed will and any estate planning documents
File the will in probate court (if probate is required)
Notify heirs and beneficiaries about the process
Secure & Protect Estate Assets
Safeguard property, bank accounts, and valuables (lock the house, secure investments, etc.)
Obtain death certificates (you’ll need multiple copies for banks, insurance, and legal matters)
Locate and inventory all assets, including real estate, vehicles, financial accounts, and personal belongings
Handle Debts & Expenses (with the guidance of the probate attorney)
Identify any outstanding debts and notify creditors
Pay necessary bills (mortgage, utilities, etc.) to prevent property damage or legal issues
Use estate funds to settle valid debts and expenses
Close credit cards, loans, and other accounts
Manage Taxes & Legal Filings
File the deceased’s final income tax return
Determine if estate taxes apply (varies by state and estate size)
Work with an attorney or CPA to ensure proper legal filings
Distribute Assets to Beneficiaries
Once debts and taxes are settled, follow the will’s instructions for distributing assets
Ensure each heir or beneficiary receives their proper inheritance
Handle real estate transfers or sales if necessary
Tip: If conflicts arise among beneficiaries, executors should remain neutral and consult an attorney to avoid disputes.
How Long Does the Executor Process Take?
Many people assume that settling an estate is a quick process, but in reality, it often takes several months to a year (or longer).
Typical Timeline:
1–3 months → Locate the will, file for probate, and secure estate assets
3–6 months → Pay debts, taxes, and expenses
6–12 months → Complete distributions and close the estate
Common Delays:
Missing estate planning documents
Unique issues related to the Will (not self-proved, handwritten, etc.)
Disputes among beneficiaries
Complicated tax issues or outstanding debts
Delays in selling real estate or locating assets
Working with an experienced probate attorney can help avoid unnecessary delays and ensure the estate is settled properly.
Common Mistakes Executors Should Avoid
Failing to Properly Notify Creditors – Creditors must be legally notified of the estate’s proceedings. Failing to do so can result in lawsuits against the estate.
Distributing Assets Too Early – Some executors give away property before all debts and taxes are settled. This can create legal issues if additional debts arise.
Failing to Secure Property – If a home is left vacant, it may become a target for theft, vandalism, or unpaid maintenance costs.
Not Keeping Records – Executors must document all financial transactions, from estate expenses to asset distributions, to avoid disputes.
Not Seeking Professional Help – Probate and estate management can be legally complex. Trying to handle everything alone can lead to costly mistakes.
Do You Need Help Managing an Estate?
If you’ve been named an executor and feel overwhelmed, you don’t have to handle this alone. At Ortego Law Firm, we provide legal guidance to executors, ensuring they follow the law, avoid mistakes, and settle estates efficiently.
Call Us: (832) 557-4593
Email: info@lawortego.com
Website: www.lawortego.com
Carrying out a loved one’s final wishes is an important responsibility. Let’s make sure it’s done right.