What Is an Executor of a Will?
An executor is the person named in a will to carry out its instructions. They file the will with the probate court, gather and protect the estate’s assets, pay valid debts and taxes, and distribute what is left to the beneficiaries. It is a position of trust with real legal duties.
When you write a will, one of the most important decisions is naming an executor, sometimes called a personal representative. This is the person you put in charge of settling your estate after you die. The court gives them legal authority to act, and they are responsible for turning the instructions in your will into reality.
The job runs from the moment the estate opens until it closes, and it typically includes the following:
- Locating and filing the will with the local probate court to begin the process.
- Notifying heirs, beneficiaries, and creditors that the estate has opened.
- Inventorying and protecting assets, from bank accounts and property to personal belongings.
- Paying valid debts, final bills, and taxes out of estate funds.
- Distributing what remains to the beneficiaries named in the will.
- Keeping clear records and providing an accounting to the court and heirs.
An executor has a fiduciary duty, a legal obligation to act honestly and in the best interest of the estate and its beneficiaries, not in their own interest. Most of this work happens during probate, the court-supervised process of settling an estate.
Who Can Be an Executor
The requirements are fairly modest. In most states an executor must be an adult of sound mind, usually at least 18, and many states bar anyone convicted of a felony from serving. Beyond that, the law gives you wide latitude to choose whoever you trust.
You can name a spouse, an adult child, another relative, a close friend, or a professional such as an attorney or a bank’s trust department. Naming someone who lives in another state is usually allowed, though a few states impose extra steps on out-of-state executors, such as posting a bond or appointing a local agent. It is also wise to name a backup (successor) executor in case your first choice cannot or will not serve.
Executor vs Administrator vs Trustee
These three roles are easy to confuse because they all involve managing someone else’s property, but they are distinct.
An executor is named in a will and carries out that will through probate. An administrator does essentially the same job but is appointed by the court when there is no will, or when no valid executor is available; this happens when someone dies without a will and the estate passes under state intestacy rules. A trustee, by contrast, manages assets held in a trust, often without court involvement at all, and may serve for years rather than for the duration of a single estate settlement.
One person can wear more than one hat. It is common for a spouse to be named both executor of the will and trustee of a living trust.
How to Choose an Executor
The best executor is not necessarily your oldest child or closest relative; it is the person most capable of handling a months-long administrative job responsibly. Look for someone who is trustworthy, organized, level-headed, and willing to take it on. Settling an estate can involve paperwork, deadlines, and occasionally tense family dynamics, so temperament matters as much as good intentions.
Practical considerations help too: someone who lives reasonably nearby, who is comfortable with basic finances, and who is likely to outlive you. Always ask the person before naming them, and name a successor in case circumstances change. For complex or high-conflict estates, a professional executor can be worth the cost. Our guide on how to choose an executor walks through the trade-offs in detail.
Talk to your chosen executor before naming them, and tell them where your will and key documents are kept. An executor who is surprised by the role, or cannot find the will, faces a much harder job.
Pay, Liability, and Removal
Executors are entitled to reasonable compensation from the estate. Depending on the state and the will, that may be a percentage of the estate’s value, an hourly rate, or a flat fee. Many executors who are also close family members and beneficiaries choose to waive the fee, since the payment is taxable income and would otherwise reduce what they inherit.
The role carries real responsibility. An executor who mismanages assets, fails to pay debts or taxes properly, or favors themselves can be held personally liable and removed by the court. Beneficiaries who believe an executor is not doing the job can petition to have them replaced; see what to do if an executor is not doing their job. Executors do not have to manage everything alone, though; they can hire an attorney, accountant, or appraiser and pay those fees from the estate.
Frequently Asked Questions
What is an executor of a will?
An executor is the person named in a will to carry out its instructions. They file the will with the probate court, gather and protect the estate’s assets, pay valid debts and taxes, and distribute what remains to the beneficiaries named in the will.
What does an executor do?
An executor locates the will, files it with the court, notifies heirs and creditors, inventories and safeguards assets, pays debts and taxes from the estate, keeps records, and distributes the remaining property to beneficiaries. They have a legal duty to act in the estate’s best interest.
Who can be an executor of a will?
Most adults of sound mind can serve. Many states require an executor to be at least 18 and not a convicted felon. An out-of-state executor is usually allowed but some states add requirements. The person should be trustworthy, organized, and willing to take on the responsibility.
Does an executor get paid?
Yes, executors are entitled to reasonable compensation from the estate, set by state law or the will, often a percentage of the estate or an hourly rate. Many executors who are also close family members choose to waive the fee.
Can an executor of a will also be a beneficiary?
Yes. It is very common for an executor to also inherit, such as a spouse or adult child who serves as executor and is also a beneficiary. Being a beneficiary does not prevent someone from serving, as long as they carry out their duties fairly.