Your executor — called a "personal representative" in some states — is the person responsible for carrying out the instructions in your will and managing your estate through the probate process. It's one of the most consequential appointments in your estate plan, and it deserves careful thought.
What Does an Executor Actually Do?
The executor's responsibilities typically include:
- Filing your will with the probate court and opening the estate
- Notifying government agencies, creditors, and beneficiaries of your death
- Taking inventory of your assets and having them appraised if necessary
- Managing estate assets during the probate process (collecting income, maintaining property)
- Paying valid debts, final bills, and taxes
- Filing your final income tax return and any estate tax returns
- Distributing assets to beneficiaries according to your will
- Keeping detailed records of all transactions
This process can take anywhere from a few months to a few years, depending on the complexity of the estate and the state's probate laws.
Qualities to Look For
The best executors tend to share certain characteristics:
- Organizational ability: The role requires managing significant paperwork, deadlines, and financial records.
- Financial literacy: Basic comfort with financial accounts, tax documents, and banking is important.
- Integrity: Your executor has broad access to your estate and must act in the interests of your beneficiaries.
- Availability: The role requires real time commitments over months or years.
- Emotional resilience: Executors must handle administrative tasks while also grieving — and potentially navigating family conflict.
- Geographic proximity (helpful but not required): Being near your assets and the probate court can make things easier, though it's not essential.
Who Can Serve?
In most states, any adult who is not a convicted felon can serve as executor. This can be a family member, a friend, a trusted business associate, or a professional (attorney, bank trust department, or professional executor). You don't have to choose a family member, and sometimes not doing so prevents conflict.
Naming a Backup
Always name an alternate executor. Your first choice may predecease you, become incapacitated, or simply be unable to serve when the time comes. Without an alternate, the court will appoint someone — possibly not who you'd have chosen.
Have the Conversation
Before finalizing your will, talk to your chosen executor. This is a significant responsibility, and they should agree to take it on — and understand what it involves. Share the key details: where your will is stored, who your other advisors are, and what your estate roughly looks like.
Professional Executors
If your estate is complex, if family conflict is likely, or if there's no one in your life well-suited to the role, consider naming a professional executor — an attorney, a bank trust department, or a corporate fiduciary. They charge fees for their services, typically a percentage of the estate, but they bring expertise and neutrality that can be invaluable.
For more on what your executor needs to find and access, see our guide to storing and sharing your legal documents. And for the broader picture, see our complete guide to wills and estate planning.