Being named an executor is a high-stakes fiduciary role. You are legally responsible for settling a life's worth of financial loose ends. This checklist breaks down the 2025 statutory requirements into actionable blocks.
1. Immediate Actions (Weeks 1-4)
- 01.Order Death Certificates: Request 10+ copies. You'll need them for banks, the IRS, and real estate transfers.
- 02.Secure the Property: Change locks on the residence, secure valuables, and ensure insurance policies stay active.
- 03.Notify Agencies: Social Security, Post Office (mail forwarding), and the deceased's employer.
2. Opening the Estate (Months 1-3)
- 01.File for Probate: Submit the original will and a petition to the county court.
- 02.Obtain "Letters": Get the court order (Letters Testamentary) giving you legal authority.
- 03.Apply for an EIN: The estate is a new tax entity. Get an IRS identification number.
3. The Distribution (Months 9-18)
- Funeral & Burial Expenses
- Administrative Fees (Attorney & Court)
- Federal & State Taxes
- Secured Creditors (Mortgages)
- Unsecured Creditors (Credit Cards)
- Beneficiaries (The Remainder)
Are You Being Paid Fairly?
Executors are entitled to compensation for their time. Check your state's statutory rates for 2025.
Check Executor RatesFrequently Asked Questions
Can an executor be held personally liable?
Yes. Executors have a fiduciary duty to the estate. If you mismanage assets, pay beneficiaries before creditors, or fail to pay taxes, you can be held personally responsible for the loss.
How long does an executor have to finish the job?
Most estates are settled within 12-18 months. However, complex estates with disputes or complex tax issues can take multiple years.
Do executors get paid?
Yes, most states allow executors to be paid a fee for their time. This is often a percentage of the estate value or a "reasonable" hourly rate. See our guide on executor compensation for details.
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