Duties Of An Executor

When a loved one dies, often a family member will have been named in the Last Will and Testament as the Executor of the deceased’s estate. What are the responsibilities of the Executor?

The Executor will have three main responsibilities. The first is to collect and manage all probate assets of the decedent. The second is to pay all liabilities of the decedent. The third is to distribute all probate estate assets to the named beneficiaries.


As soon as practical following the death of the principal, the Executor should contact the attorney who assisted the decedent with preparation of the estate plan to obtain the original Will and begin the probate process. In order for an Executor to have the power to undertake the various duties, he or she must first be appointed by the Probate Court. A Petition for Allowance of Will, together will accompanying documents, must be filed with Probate Court in the county where the decedent resided. Notice to heirs must be given and a copy of the Petition must be published in a local newspaper. Following satisfaction of procedural requirements, the Court will issue a Citation allowing the Will and appointing the petitioner as Executor.

Once appointed, the duties of the Executor will include:


• Locating the decedent’s important papers and gathering information about all assets owned by the decedent.
• Contacting each institution holding such assets and effectuating the transfer out of the decedent’s name and into an estate account or accounts.
• Filing claims to obtain certain payments to which the estate may be entitled, such as life insurance proceeds, Social Security benefits, Veteran’s benefits or employer pension and insurance benefits.
• Gathering paperwork regarding all liabilities and claims by creditors of the decedent, and arranging for payment of those liabilities.
• Selling assets of the estate as directed in the Will, or for cash requirements.
• Investing estate assets to generate income during the period of administration.
• Filing estate tax returns, if necessary, within nine months of death, and income tax returns.
• Dividing and distributing the net estate assets to the beneficiaries in accordance with the terms of the Will.
• Filing an Inventory, and ultimately a Final Accounting, with Probate Court.


If a decedent owned assets in trust, or jointly with another person, or in a form that allowed the decedent to designate a death beneficiary, those assets will pass outside of the probate process in accordance with the procedure applicable to such assets. While not strictly within the probate estate, oversight of those assets by the Executor may be necessary in order ensure the orderly administration of the decedent’s overall estate.

Of course, an article such as this cannot cover all of the possible scenarios in attending to the estate of a decedent. Consultation with a qualified probate attorney (such as myself!) will be important to proper administration.