Executor FAQ: Duties, Probate, and What You Need to Know
If you’ve been named as an executor in a will (or appointed as an administrator), you’re likely about to step into the probate process. Executors handle everything from filing court paperwork to paying estate taxes, and it can feel overwhelming at first. That’s why we’ve put this guide together: to be your knowledgeable partner and break down what the role really means. Here are answers to the most common questions so you know what to expect.
Frequently Asked Questions
What Is an Executor in Probate?
Executor Duties: What Do They Actually Do?
Do Executors Have to Do Everything Themselves?
How Long Does the Probate Process Take with an Executor?
Executor Responsibility: Am I Personally Liable for Debts?
Executor Compensation: Do Executors Get Paid?
What if the Estate Doesn’t Have Enough to Pay its Debts?
What Is an Executor in Probate?
An executor is the person named in a will to handle the deceased person’s estate. If there’s no will, the court appoints an administrator (same duties, different title).
Executor Duties: What Do They Actually Do?
An executor is responsible for:
Filing the will with probate court
Collecting and safeguarding assets (bank accounts, property, investments, valuables)
Paying debts, taxes, and expenses from the estate
Distributing what’s left to the beneficiaries
Do Executors Have to Do Everything Themselves?
No. Executors are responsible, but not necessarily performing every single task. Think of yourself as a project manager: your job is to oversee, delegate, and make sure things get done. Executors often (and should) bring in professionals like:
Estate attorneys – to navigate probate, filings, and legal snags.
Accountants/tax preparers – to handle final tax returns and estate accounting.
Appraisers – for real estate, jewelry, collectibles, or other valuables.
Financial advisors – for managing investments during probate.
And don’t overlook your own network. Friends and family can step in to help with everyday tasks: sorting belongings, gathering paperwork, or just being a second set of eyes.
How Long Does the Probate Process Take with an Executor?
Probate can take anywhere from a few months to over a year, depending on the complexity of the estate, state laws, court delays, and whether there are disputes.
Executor Responsibility: Am I Personally Liable for Debts?
Generally, no. Debts are paid out of the estate, not your personal bank account. The only exception is if you co-signed a loan or are a joint account holder — in that case, you remain responsible.
That said, there’s a catch: as executor, you may have to pay certain expenses out of pocket up front (court filing fees, death certificates, appraisals, etc.) before the estate account is set up. You can usually get reimbursed once funds are available, but it can take time.
Tip: This is why planning ahead is so critical: to avoid passing surprise expenses to loved ones and to make sure there’s cash in the estate to cover these costs.
Executor Compensation: Do Executors Get Paid?
Yes, executors are usually entitled to reasonable compensation. The exact amount depends on state law and the size/complexity of the estate. Some executors choose to waive payment if they are close family. Or if you are the sole heir and the executor it might not make sense to pay yourself out of the sum you will inherit.
What if the Estate Doesn’t Have Enough to Pay its Debts?
Debts are prioritized. The court will require selling assets (like a house or car) to pay off what’s owed. If there still isn’t enough, some debts may go unpaid—but heirs are generally not responsible.
Debt priority in probate (typical order)
Administrative & Court Costs
These always come first, since the estate can’t be settled without them.
Funeral & Burial Expenses
Taxes
IRS (executor tax duties)
Secured Debts
Mortgages, car loans, or any debt tied to collateral. If the estate can’t pay, the creditor can repossess or foreclose on the asset.
Unsecured Debts
Credit cards, medical bills, personal loans without collateral.
Important Note
We at Good Grief are not lawyers, just Death Care Technology folks trying to help humans with death literacy and navigating the logistics of loss. If you need specific advice about your individual situation we recommend you do specific research for your state and/or reach out to a legal professional.