What Is an Executor? Duties, Powers, and Limits (2026)

Executor vs. Personal Representative: What's the Difference?

Both terms refer to the same role — the person legally authorized to administer a deceased person's estate through probate. The title varies by state and circumstance.

Executor: Traditional term used in most non-UPC states (New York, California, Florida, etc.) when the person was named in a will.

Administrator: Person appointed by the court when there is no will (intestate estate) or when the named executor cannot serve.

Personal Representative (PR): The modern UPC term that covers both executor and administrator. Used in the 18 UPC states (Alaska, Arizona, Colorado, Hawaii, Idaho, Maine, Michigan, Minnesota, Montana, Nebraska, New Mexico, North Dakota, South Dakota, Utah, Wyoming, and others).

Regardless of the title, the role carries the same core responsibilities: collect assets, pay debts, file taxes, and distribute to beneficiaries — all while maintaining a fiduciary duty to the estate and its beneficiaries.

Who can serve as executor?

In most states, an executor must be: (1) an adult (18 or older); (2) a US citizen or legal resident (though many states allow foreign nationals); (3) not convicted of a felony (in many states); and (4) not otherwise disqualified by state law (mentally incapacitated, etc.). Most states allow an out-of-state executor but may require them to appoint a local agent for service of process. Some states require the executor to post a bond if they're out of state.

There is no requirement that the executor be a relative, an attorney, or even a beneficiary. The testator can name anyone they trust in the will.

The Executor's Complete List of Duties

The executor role involves dozens of specific tasks spread over 6–18 months. Here is the complete duty list, organized chronologically.

Locate and file the will; obtain death certificates

File the original will with the probate court within the required period (usually 30 days). Order 8–12 certified death certificates from the state vital records office ($10–$25 each). You'll need copies for banks, insurers, the DMV, and other institutions.

Open the probate case; obtain Letters

File the probate petition or application with the appropriate court. Pay the filing fee. Once the court issues Letters Testamentary (or Letters of Administration for intestate), you have legal authority to act on behalf of the estate. Banks and other institutions will not deal with you without these.

Open an estate bank account; obtain an EIN

Apply for a federal Employer Identification Number (EIN) for the estate at IRS.gov — takes 15 minutes online. Open a separate bank account in the estate's name using the EIN. Never commingle estate funds with personal funds. All estate income goes into the estate account; all expenses paid from it.

Notify creditors; publish notice

Mail written notice to all known creditors within the required period (usually 30 days of appointment). Publish a Notice to Creditors in the required newspaper for the required number of weeks. This starts the creditor claim period running. Notify Social Security, Medicare, Medicaid (if applicable), the decedent's bank, investment accounts, and the post office to forward mail to you.

Inventory and protect all estate assets

Create a complete inventory of every asset — bank accounts, real estate, vehicles, investments, personal property, business interests, digital assets. Get real estate appraised by a licensed appraiser. Secure all physical property (change locks if needed, ensure insurance is current). File the inventory with the probate court within the required deadline.

Manage the estate during administration

Keep estate property secure and insured. Collect income owed to the estate (rent, dividends, pending paychecks). Pay ongoing bills (mortgage, utilities, property taxes) from the estate account. Keep detailed records of every dollar in and out. Do not distribute assets until debts and taxes are resolved.

File tax returns

File the decedent's final personal income tax return (Form 1040) for the year of death. If the estate earns income during administration (interest, rent, dividends), file a fiduciary income tax return (Form 1041) for each tax year the estate is open. If the estate exceeds the federal estate tax threshold ($15M in 2026) or a state estate tax threshold, file the appropriate estate tax return. Source: IRS.gov — Filing for Deceased Taxpayers.

Pay valid creditor claims in priority order

After the creditor claim period ends, review all filed claims. Valid claims must be paid in the statutory priority order: (1) estate administration expenses and attorney fees, (2) funeral and burial expenses, (3) taxes, (4) secured debts, (5) unsecured debts. Reject invalid claims in writing — the creditor has the right to contest the rejection in court.

Distribute assets to beneficiaries

Once all debts and taxes are paid, distribute estate assets per the will's instructions (or intestacy law). For real estate, prepare and record a Deed of Distribution with the county recorder. Get signed receipts from all beneficiaries. Keep copies of all distribution records.

File final accounting; close the estate

Prepare a final account of all estate transactions. File with the court (supervised probate) or provide to beneficiaries (unsupervised probate). File the Closing Statement or Petition for Discharge. The court formally discharges you from your duties. Keep records for at least 7 years in case of subsequent IRS inquiry.

Fiduciary Duty — What It Means for You

The executor has a fiduciary duty to the estate and all beneficiaries. This means acting in their best interests, not your own — even if you are also a beneficiary. The key fiduciary duties:

Duty of loyalty: Don't put your interests ahead of the estate's. No self-dealing (buying estate assets for yourself at less than fair value, for example).
Duty of care: Manage estate assets prudently. Don't take undue risks with estate investments.
Duty of impartiality: Treat all beneficiaries fairly; don't favor one over another.
Duty to account: Keep complete, accurate records of all transactions and provide them to beneficiaries on request.

Breaching fiduciary duty can result in personal liability — meaning you can be personally sued by beneficiaries for losses caused by your misconduct, even if it was unintentional. This is why co-executors, attorney guidance, and careful recordkeeping are important.

Never commingle estate and personal funds — this is one of the most common executor mistakes and a clear fiduciary breach. Maintain a separate estate bank account from day one.

How Much Does an Executor Get Paid?

Executor compensation varies significantly by state. General rules:

Statutory percentage (California, Florida, New York, and others): Same percentage scale as attorney fees — on a $500,000 California estate, the executor is entitled to ~$13,000.
"Reasonable compensation" (most states): Courts determine what's reasonable based on the complexity of the estate, time spent, and results achieved. Typically 1–3% of the estate.
Family executors often waive fees: Many family members serving as executor decline compensation to avoid income tax (compensation is taxable income) and to maximize the inheritance. Waiving in writing is best practice.
Professional executors (trust companies, attorneys): Typically 0.5–2% of estate assets annually plus hourly fees for special tasks.

Executor compensation is taxable ordinary income to the executor, deductible by the estate. If you're also a beneficiary, carefully consider whether taking compensation (taxable income) or declining it (larger inheritance, but subject to estate taxes if applicable) is better for your overall tax position.

FAQ

Yes. It's extremely common — many people name their spouse or a child as both executor and primary beneficiary. The executor's fiduciary duty still applies even when they're a beneficiary. They must treat all beneficiaries equally and not give themselves preferential treatment. If the executor's interests conflict significantly with those of other beneficiaries, a co-executor or independent administrator may be appropriate.

Yes, always. Being named executor in a will creates no obligation until you accept the role. You can decline to serve (renounce the appointment) at the time of opening probate. If you've already accepted and begun serving, you can usually petition the court to be removed and replaced — though you'll need a valid reason and must account for your actions to date. Consider carefully before accepting the role: it's a significant time commitment (50–200+ hours for a typical estate) with real legal responsibility.

A few states (California, some others for certain proceedings) technically require attorney representation. Most do not. Simple estates in UPC states with no real estate, no disputes, and cooperative heirs can often be handled by a careful layperson. However, any estate with real estate, business interests, estate tax issues, potential disputes, or complex assets benefits strongly from an experienced probate attorney. Many attorneys offer unbundled services — reviewing your documents and advising on specific questions without taking over the entire case. Find an attorney through your state bar's lawyer referral service.

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