Being named executor of someone's estate is both an honor and a burden. If you're reading this, chances are you've recently lost someone and you're trying to figure out what happens next. The paperwork feels endless. The legal language is confusing. And you're doing all of this while grieving.

This guide breaks the executor role into clear phases with specific action items. You don't need to do everything at once. Take it one step at a time.

The First 24-48 Hours

In the immediate aftermath of a death, focus on these essentials. Everything else can wait.

Secure the Basics

What NOT to Do Yet

Week 1: Administrative Foundations

Once the immediate shock settles, begin the administrative work.

Legal Notifications

Financial Protection

Insurance and Benefits

Weeks 2-4: Inventory and Organization

This is the heavy-lifting phase. You need a complete picture of the estate.

Asset Inventory

Document everything the deceased owned:

Financial Assets

Personal Property

Digital Assets

Debt Inventory

Document everything the deceased owed:

Locate Important Documents

Months 1-3: Active Estate Administration

Open a Probate (if needed)

Not all estates require probate. Small estates (thresholds vary by state, typically $50,000-$150,000 excluding real estate) may qualify for simplified procedures. Assets with named beneficiaries (life insurance, retirement accounts, POD/TOD accounts) bypass probate entirely.

If probate is required:

  1. File the will with the local probate court
  2. Petition to be appointed executor/personal representative
  3. Receive Letters Testamentary
  4. Publish notice to creditors (required in most states)
  5. Inventory assets for the court
  6. Pay valid debts and expenses
  7. File tax returns
  8. Distribute remaining assets per the will
  9. File final accounting with the court
  10. Petition for discharge

Tax Obligations

As executor, you're responsible for filing:

Hire a CPA or tax attorney. The penalties for estate tax errors are severe and personal to the executor.

Pay Debts in Priority Order

Estate debts are paid from estate assets in a specific legal order (varies by state, but generally):

  1. Funeral and burial expenses
  2. Estate administration costs (attorney fees, court costs)
  3. Federal tax obligations
  4. Medical expenses of the final illness
  5. State and local taxes
  6. All other creditors

You are NOT personally responsible for the deceased's debts (unless you co-signed). Do not let debt collectors pressure you into paying from your personal funds.

Handle Digital Accounts

For each digital account, you'll need to:

  1. Determine if it has monetary or sentimental value
  2. Access it (using credentials from a password manager, legacy contacts, or platform-specific processes)
  3. Download anything important (photos, documents, communications)
  4. Transfer, memorialize, or close the account

Common digital account actions:

Months 3-12: Distribution and Closing

Distribute Assets

Once debts are paid and the waiting period for creditor claims has passed (typically 3-6 months):

  1. Distribute specific bequests named in the will
  2. Distribute the residuary estate (everything left over) per the will's instructions
  3. If no will exists (intestate), distribute per your state's intestacy laws
  4. Get receipts/releases from each beneficiary
  5. Keep detailed records of every distribution

Close the Estate

  1. File final estate tax returns
  2. Pay any remaining administrative expenses
  3. Prepare a final accounting (what came in, what went out, what was distributed)
  4. File the final accounting with probate court
  5. Request discharge from the court
  6. Close the estate bank account
  7. Store all records for at least 7 years

Common Executor Mistakes to Avoid

  1. Distributing assets too early. Wait until all debts are identified and the creditor claim period expires. You can be personally liable for premature distributions.
  2. Mixing personal and estate funds. Open a dedicated estate bank account. Every dollar in and out should flow through it.
  3. Not keeping records. Document everything. Save receipts. Keep a log of time spent — you're entitled to compensation.
  4. Paying debts you don't owe. The estate pays debts, not you personally. And not all claimed debts are valid.
  5. Going it alone. An estate attorney typically costs 2-4% of the estate value and saves you from costly mistakes.
  6. Ignoring digital assets. Cryptocurrency, online businesses, and digital accounts can represent significant value that's easy to overlook.
  7. Missing tax deadlines. Set calendar reminders for every filing deadline. Penalties and interest accrue personally against executors.

Your Rights as Executor

How Legacy Keeper Helps Executors

If the deceased used Legacy Keeper, your job just got significantly easier. Their digital estate plan — including document inventory, account credentials, trusted contact designations, and final wishes — is delivered to you automatically through the Dead Man's Switch. No searching through filing cabinets. No guessing passwords. No wondering what accounts existed.

If you're reading this while planning your own estate: don't put your executor through what you're going through now. Set up your digital estate plan today so your family has everything they need when the time comes.

Start your free Legacy Keeper account →

The best gift you can give your executor is a plan.