Being named executor is an honor and a heavy responsibility, often handed to you in the middle of grief. This checklist walks you through every duty in order, from the first days after a death to the moment you finally close the estate.
An executor (called a personal representative in some states) is the person legally responsible for settling someone's estate: gathering their property, paying their debts and taxes, and distributing what remains to the people named in the will. It is real work, sometimes spanning a year or more, and the steps must happen in a particular order. Skipping ahead, especially to handing out money, is the most common and costly mistake. Use the phases below as your roadmap. If you want a fuller picture of the role itself, start with what an executor of an estate does.
Phase 1: The first days after death
Right now your job is to protect people and property, not to settle anything. You likely have no legal authority yet, and that is normal.
- Secure the home and belongings. Lock the residence, take in mail or set up forwarding, and remove valuables or important papers to a safe place. Do not let well-meaning relatives start taking items.
- Care for dependents and pets. Make sure anyone or any animal the person cared for is safe and provided for.
- Confirm funeral and burial wishes. Check the will or a separate letter of instruction for stated preferences, then coordinate arrangements.
- Stop recurring risks. Cancel nothing important yet, but make sure the home insurance stays active and the property is maintained.
- Locate the will. Find the original document, not just a copy. Check the home, a safe, the attorney's office, or a safe-deposit box. Our guide on how to find a will after someone dies can help if it is not obvious.
Order certified death certificates
You will need certified copies (with a raised or official seal), not photocopies. The funeral home usually orders them for you, or you can request them from the state or county vital records office. Most families need 8 to 12 copies because nearly every institution, banks, insurers, the DMV, Social Security, requires its own original. Ordering extra upfront is far easier than requesting more later. See how to get a death certificate for details.
Phase 2: Open the estate and get legal authority
You cannot legally act for the estate until the court appoints you. This is the gateway step.
- File the will with the probate court. Most states require you to file the original will with the local court within a set window (often 10 to 30 days), even if no formal probate follows.
- Petition to open probate. Submit a petition to be formally appointed executor in the county where the deceased lived.
- Receive your letters testamentary. Once appointed, the court issues letters testamentary, the document that proves your authority. Banks and agencies will ask for these along with a death certificate. This is the key that unlocks everything that follows.
- Get a tax ID for the estate. Apply for a free federal EIN from the IRS so the estate can have its own bank account and file taxes.
- Open an estate bank account. Route all incoming money and pay all expenses through this account. Never mix estate funds with your own.
If you are unsure whether full probate is even required, smaller estates may qualify for a simplified process; our overview of the probate process explained and the small estate affidavit covers the shortcuts some states offer.
Phase 3: Notify and inventory
With authority in hand, you become the estate's central contact and record-keeper.
Notify the right parties
- Social Security Administration (the funeral home often reports the death, but confirm it) and any pension or annuity providers.
- Banks, credit unions, and investment firms holding accounts.
- Life insurance companies so beneficiaries can file claims.
- Creditors and credit bureaus. Notify known creditors and, where required, publish a notice to creditors so unknown ones have a deadline to come forward.
- Beneficiaries and heirs, who are entitled to know the estate has been opened.
Stopping the deceased's mail and canceling subscriptions, memberships, and online accounts also belongs here; our guide on how to close accounts after death walks through it.
Inventory and value the assets
Make a complete list of everything the estate owns and what it is worth as of the date of death. This inventory is usually filed with the court and forms the basis for taxes and distribution.
- Real estate, vehicles, and valuable personal property (appraisals may be needed)
- Bank, brokerage, and retirement accounts
- Business interests, intellectual property, and digital assets
- Money owed to the deceased
Note that some assets pass outside probate entirely, such as life insurance, retirement accounts with named beneficiaries, and jointly owned property. Knowing the difference between probate and non-probate assets tells you which items you actually control as executor.
Phase 4: Pay debts, expenses, and taxes
This is where order matters most. Debts and taxes get paid before beneficiaries receive anything. Distributing early can leave you personally on the hook.
| Obligation | What it covers | Typical priority |
|---|---|---|
| Administration costs | Court fees, attorney and appraisal fees, your executor compensation | Paid first |
| Funeral expenses | Burial, cremation, services | High priority |
| Taxes | Final income tax, estate income tax, any estate tax | High priority |
| Secured & valid debts | Mortgages, car loans, verified credit card balances | Paid before distribution |
| Beneficiary gifts | Inheritances under the will | Paid last |
Key tax duties include filing the deceased's final personal income tax return (Form 1040) for the year of death, an estate income tax return (Form 1041) if the estate earns income during administration, and a federal estate tax return only for very large estates above the exemption (well over $13 million in 2025). A handful of states also impose their own estate or inheritance tax at lower thresholds, so check your state. Remember that debts generally do not pass to heirs; they are paid from the estate, and if the estate cannot cover them, state law sets who gets paid and who does not.
Phase 5: Distribute and close the estate
Only after the creditor period has closed and debts and taxes are settled can you give beneficiaries their share.
- Distribute according to the will. Transfer money, retitle property, and hand over specific bequests exactly as the will directs.
- Get signed receipts. Have each beneficiary acknowledge what they received. This protects you later.
- Prepare a final accounting. Show the court and beneficiaries every dollar that came in and went out during your administration.
- Petition to close the estate. Once the court approves your accounting, it formally discharges you and closes the estate.
- Keep your records. Hold onto estate documents, tax returns, and receipts for several years in case questions arise.
You are entitled to reasonable executor compensation for your work, set by state law or the will, though family members often waive it. For a printable companion to this process, our settling an estate checklist covers the same ground in checkbox form.
A few honest reminders
- You do not have to do it alone. A probate attorney, accountant, or appraiser can be paid from the estate, and for anything complex they are worth it.
- Document everything. Good records are your best protection as a fiduciary.
- Communicate with beneficiaries. Most disputes grow from silence, not from bad news. Regular updates prevent conflict.
- Pace yourself. You are grieving too. The estate can wait a few days while you take care of yourself.
This article offers general information, not legal, financial, or tax advice. Probate rules, deadlines, tax thresholds, and executor duties vary by state and change over time. Before acting, consult a qualified probate attorney or estate professional licensed in your state.