Glossary
What is executor?
An executor is the person or institution named in a will—or appointed by a probate court if there's no will—responsible for managing a deceased person's estate: locating assets, paying debts and taxes, and distributing remaining property to beneficiaries under a legal fiduciary duty.
An executor (sometimes called an executrix or personal representative) is the person or institution named in a will—or appointed by the probate court if there's no valid will—to carry out the deceased's wishes. This includes locating and filing the will with the probate court, obtaining letters testamentary, notifying beneficiaries, creditors, and government agencies like the Social Security Administration, and taking inventory of the estate's assets.
The executor's core job is financial and administrative: paying off valid debts and taxes from estate funds, filing the deceased's final income tax return and any required estate tax returns, and eventually distributing what remains to the beneficiaries named in the will. Money used to cover these obligations comes from the estate itself, not the executor's personal funds, though the executor may need to open a dedicated estate bank account to manage it all.
Because they're handling someone else's money and property, executors owe the estate and its beneficiaries a fiduciary duty—acting with loyalty, good faith, care, and obedience to the will's terms and the court's instructions. Violating that duty can expose an executor to personal legal liability, which is why many rely on probate attorneys, accountants, or other professionals along the way (fees for this help typically come out of estate assets).
Most states require an executor to be at least 18 and free of felony convictions, though specific rules—such as residency requirements—vary by state. People commonly choose a spouse, adult child, sibling, or trusted friend, and it's a good idea to name a backup executor in case the first choice is unable or unwilling to serve. Settling an estate can take anywhere from a few months to several years depending on its complexity.
Common questions about Executor
Sources
- FindLaw: What Does an Executor Do?
- LegalZoom: What Is an Executor of Estate? A Legal Guide
- MetLife: Executor of Estate: What Do They Do?
- IRS: Responsibilities of an estate administrator
- Fidelity: What is an executor of a will and what do they do?
- University of Miami School of Law: What Is an Executor of an Estate?
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