Executor Checklist: The Complete Guide to Your Duties
By Susan Jackson · Published 2025-01-25 · 12 min read
Everything an executor needs to know: duties, timeline, compensation, and liability. This comprehensive checklist covers the entire estate settlement process from start to finish.
Your Role as Executor
Being named executor is both an honor and a significant responsibility. You're entrusted with carrying out your loved one's final wishes and protecting their legacy. This guide covers everything you need to know.
What is an Executor?
An executor (called "personal representative" in some states) is the person legally responsible for:
- Managing the deceased's assets
- Paying debts and taxes
- Distributing assets according to the will
- Representing the estate in legal matters
Executor Checklist: Phase by Phase
Immediate Tasks (Week 1)
- Locate the original will
- Obtain multiple death certificates (10-15 copies)
- Secure the deceased's property
- Notify immediate family
- Contact funeral home
- Review will for funeral instructions
Opening the Estate (Weeks 2-4)
- File will with probate court
- Petition for appointment as executor
- Obtain Letters Testamentary
- Open estate bank account
- Publish notice to creditors
- Notify Social Security and pension providers
Inventory and Valuation (Months 1-3)
- Inventory all assets
- Obtain appraisals for real estate and valuables
- Document all bank and investment accounts
- File inventory with court (if required)
- Identify all debts and liabilities
Estate Administration (Months 3-12)
- Pay ongoing bills from estate account
- Review and pay valid creditor claims
- File deceased's final income tax return
- File estate income tax returns (Form 1041)
- File estate tax return if required (Form 706)
- Manage or sell real estate
- Handle business interests
Closing the Estate (Final Months)
- Prepare final accounting
- Get beneficiary approval or court approval
- Distribute assets according to will
- File closing documents with court
- Retain records for 7+ years
Executor Compensation
You're entitled to compensation for your work:
- Statutory states: Set percentage (typically 2-5%)
- Reasonable compensation states: Based on time and complexity
- You can waive fees: Often done by family member executors
Protecting Yourself from Liability
Executors have fiduciary duties and can be held personally liable for:
- Mismanaging assets
- Self-dealing or conflicts of interest
- Not paying debts properly
- Distributing assets too early
- Missing tax deadlines
Protection strategies:
- Keep detailed records of all decisions
- Get court approval for major decisions
- Don't distribute assets until debts are settled
- Consider professional advice for complex matters
- Use estate funds for legitimate expenses only
Get Organized with Afterly Plan
Our interactive checklist provides a personalized task list based on your situation. The Executor Guidance page offers detailed explanations of each duty.
Published by Afterly Plan. This article is for general informational purposes and is not legal, tax, or financial advice. Consult a licensed professional for guidance specific to your situation.