What Does an Executor Do? The Steps, in Order

If you've been named executor, your job is to finish the person's business. You gather up what they owned, use it to pay what they owed, and pass on the rest the way their will says. The court usually has to confirm you before banks and others will deal with you.

Most of it is paperwork, done in a fairly set order. Nobody expects you to know that order on day one. Rules differ by state, and the probate court or a lawyer where the person lived can tell you what applies there.

Executor, administrator, personal representative: are they different?

Mostly in name. The executor is the person the will names. When there's no will, the FTC explains, the court may appoint an administrator, personal representative or universal successor instead. Some states use one title for everyone: Florida calls the executor the personal representative. The duties are much the same.

The steps, roughly in order

1. Find the original will. Some states set a deadline for getting it to the court. In Florida, whoever holds the original must deposit it with the clerk of the circuit court within 10 days of learning of the death (Fla. Stat. § 732.901). California allows 30 days to deliver it to the superior court clerk (Cal. Prob. Code § 8200). New York sets no deadline, but the Surrogate's Court can order someone to hand it over.

2. Get certified copies of the death certificate. The CFPB suggests asking the funeral home for 10 to 12 certified copies. Banks and insurers may want a paper copy.

3. Open probate if the estate needs it. Probate is the court process that confirms the will and puts you in charge. The court gives you official papers, usually called letters, that show your authority. Smaller estates can often use a shorter route.

4. Get a tax number for the estate. The estate needs an employer identification number (EIN) before it files an estate income tax return. The IRS lets you apply online, by fax or by mail. IRS Form 56 tells the IRS you're now acting for the estate.

5. Open an estate bank account. With the letters and the EIN, you can open an account in the estate's name. Money in and out of one account is much easier to account for later.

6. Let creditors know. In Florida, the personal representative publishes a notice to creditors in a local newspaper once a week for 2 weeks, and creditors generally have 3 months from the first publication to file a claim. New York gives creditors 7 months from the date letters are first issued and doesn't require a published notice. In Ohio, claims must be presented within 6 months of the death.

7. Make an inventory. List what the person owned and its value at death. Many states want this filed with the court. Ohio gives you 3 months after appointment, Texas 90 days after you qualify, and New York 9 months after letters are issued. The CFPB notes that the person's credit report, from Equifax, Experian and TransUnion, can turn up accounts and debts.

8. Pay debts and taxes from the estate. If there isn't enough to pay everyone, state law sets the order. In Florida (Fla. Stat. § 733.707):

The costs of running the estate come first.
Funeral costs up to $6,000.
Certain government debts, and so on.

On taxes, the person's final income tax return (Form 1040 or 1040-SR) still has to be filed. An estate with more than $600 of gross income in a year files Form 1041. Federal estate tax only touches very large estates: for deaths in 2026, a federal estate tax return is required when the gross estate, plus certain lifetime gifts, is more than $15,000,000.

9. Hand out what's left. The remaining property goes to the people the will names.

10. Close the estate. In Florida, a formal estate closes with a final accounting and a petition for discharge, due within 12 months after letters are issued unless the court extends it. In New York, estates often close with the beneficiaries signing receipts and releases that are filed with the Surrogate's Court.

Do you have to pay the person's debts yourself?

Not because you're the executor. The FTC says family members typically aren't personally responsible for a deceased person's debts; the estate owes them and pays them. The CFPB says the same for executors: you settle debts with the estate's money, not your own (unless the debt was also yours).

There are exceptions. You can be on the hook if you cosigned the debt, if you're a surviving spouse in a community property state, or if your state makes spouses pay certain debts, such as some health care bills. The FTC also says an executor who doesn't follow the state's probate laws can become personally liable. That's a good reason to pay debts in the order your state sets.

If the estate runs out of money, the CFPB says the remaining debt generally goes unpaid.

Can an executor be paid?

Often, yes, but how much depends on the state. In California, the executor's fee is set by law as a percentage of the estate's value, according to the state courts' self-help site. Other states handle pay in their own ways, so ask the probate court what's allowed where the person lived.

Where to find your state's rules

Deadlines and limits change from state to state. Our state pages on lawyers and estate rules include a "Settling an estate" section for each state, for example Ohio or Florida. They also list probate lawyers in that state.

Frequently asked questions

What if there's no will?

The court can still appoint someone, often called an administrator, to do largely the same job. State law then decides who inherits.

Can the estate pay for the funeral?

Usually. Funeral costs sit near the front of the line in many states: up to $6,000 in Florida, up to $4,000 in Ohio, and up to $15,000 in Texas, where they're in the first class paid.

What if debt collectors call me?

Collectors may contact you as the executor, but the CFPB says it's illegal for them to suggest you're personally responsible. If you want them to stop, the FTC says to send a letter or email (a phone call isn't enough), and certified mail with a return receipt gives you a record.

How long does it take?

It depends on the state and the estate. California's courts say formal probate typically takes 9 to 18 months, and sometimes longer.