Executing a will after death means putting it through probate: the court-supervised process that confirms the will is valid, gives someone legal authority to manage the estate, and makes sure debts and taxes are paid before anything reaches the people named in the document. For most estates the work runs somewhere between nine months and two years. The executor named in the will handles it, and the specific steps, fees, and timelines depend on the state where the person lived.
Find the Original Will and the Named Executor
The first task is locating the original signed will. Courts want the original, not a photocopy. Wills tend to live in home safes, filing cabinets, or safe deposit boxes, and many estate planning attorneys keep originals for their clients. If the document is in a safe deposit box, access can be complicated: banks typically freeze the box once they learn the account holder has died, and many states require a court order or death certificate before anyone can look inside.
Inside the will, the decedent will have named an executor: the person responsible for shepherding everything through probate. If no will surfaces, or if the named executor has died, declined to serve, or cannot act, the court appoints an administrator instead, usually a surviving spouse or close family member. The duties are the same either way.
Know What Skips Probate Entirely
Before the court process begins, it is worth understanding that a significant share of most people’s wealth never touches probate. Any asset with a valid beneficiary designation or a right-of-survivorship arrangement transfers automatically to the named person, without court involvement. The will controls only what is left over.
Assets that commonly pass outside probate include:
- Life insurance proceeds paid directly to the named beneficiary.
- Retirement accounts such as 401(k)s and IRAs with a designated beneficiary.
- Payable-on-death bank accounts, including checking, savings, and CDs.
- Transfer-on-death investment and brokerage accounts.
- Real estate or accounts owned as joint tenants with right of survivorship.
- Assets already transferred into a revocable living trust, which pass under the trust’s terms.
This distinction matters in practice. An executor who tries to distribute a life insurance payout as if it were part of the probate estate is making a mistake that can create real legal problems. Confirming which assets are actually in the probate estate is the necessary starting point before any inventory work begins.
File the Will and Open Probate
The executor opens the case by filing the original will and a petition for probate at the probate or surrogate’s court in the county where the decedent lived. Most states impose a deadline for depositing the will with the court once the death is known, and sitting on a will for months can expose the person holding it to legal liability. Initial filing fees generally run from a couple hundred dollars up to around $500, depending on jurisdiction and estate size.
The court then schedules a hearing. A judge reviews the will for basic validity and hears any objections. If the will is accepted, the court formally appoints the executor and issues Letters Testamentary. That document is the executor’s proof of authority. Banks, title companies, and financial institutions all require it before releasing accounts or transferring property. Without it, the executor has no legal power to act.
The hearing is also the moment when someone can contest the will. Challenges are relatively uncommon, but when they happen they can stall a case for months or longer. Courts require concrete evidence of a specific legal defect, such as lack of mental capacity when the will was signed, undue influence over the decedent, fraud or forgery, or a failure to sign and witness the document as state law requires. Being unhappy with a bequest is not itself a ground for a contest.
Inventory Assets and Notify Creditors
Once Letters Testamentary are issued, the executor’s substantive work begins. The first job is building a complete inventory of everything the decedent owned that falls within the probate estate: bank accounts, investment portfolios, real estate, vehicles, business interests, and personal property of value. Real estate and items such as art collections often need a professional appraisal to establish fair market value. The inventory is filed with the court and becomes the baseline for everything that follows.
In parallel, the executor must notify anyone who may have a financial claim. That means sending direct written notice to known creditors and publishing a notice in a local newspaper to reach unknown ones. Creditors then have a limited window to submit claims, typically two to six months depending on the state. Claims arriving after the deadline are generally barred. The executor reviews each claim, accepting legitimate debts and rejecting ones that look inflated or fraudulent. A rejected creditor can ask the court to decide the dispute.
Pay Debts and File the Required Tax Returns
Managing the money is the most detail-intensive part of the job. The executor should open a dedicated estate bank account and run every transaction through it. That creates the clean paper trail the court and beneficiaries will eventually review and keeps the executor’s personal finances entirely separate from the estate’s.
Debts are paid in the order of priority set by state law. Funeral expenses and administrative costs, such as court fees, attorney fees, and appraisal costs, typically come first. Secured debts, tax obligations, and medical bills follow, with unsecured creditors last. Getting the priority wrong is not just sloppy bookkeeping. Under federal law, an executor who pays lower-priority debts before satisfying government claims can be held personally liable for the unpaid government debt.1Office of the Law Revision Counsel. 31 USC 3713 – Priority of Government Claims
The Three Tax Returns to Watch For
Up to three separate tax returns may be involved, and confusing them is a common mistake.
The decedent’s final personal income tax return (Form 1040) covers income earned from January 1 of the year of death through the date of death. The executor files it the way the person would have filed while alive, using the same form and deadlines.2Internal Revenue Service. File the Final Income Tax Returns of a Deceased Person Any unfiled returns from prior years also need to be brought current.
If the estate itself earns more than $600 in gross income during the administration period, from interest, rent, dividends, or similar sources, the executor must file Form 1041, the estate income tax return.3Internal Revenue Service. File an Estate Tax Income Tax Return Many executors overlook this one.
If the total value of the estate exceeds the federal estate tax exemption, the executor must also file Form 706, the federal estate tax return. For decedents dying in 2026, the basic exclusion amount is $15 million per person.4Internal Revenue Service. Whats New Estate and Gift Tax Estates above that threshold face a top federal rate of 40% on the excess. The executor must also file Form 706 to transfer a deceased spouse’s unused exclusion to the surviving spouse, regardless of estate size.5Office of the Law Revision Counsel. 26 US Code 6018 – Estate Tax Returns Some states impose their own estate or inheritance taxes with lower thresholds, so the federal exemption alone is not the whole picture.
Executor Pay, Bonds, and Personal Liability
Serving as executor is real work, and executors are entitled to be paid. How much depends on the state. Some states use statutory percentage formulas that shrink as the estate grows. Others leave it to the court to determine reasonable compensation based on the complexity of the work. A will can also set the fee, and in many states that provision controls. Executor fees are taxable income to the executor and a deductible expense for the estate.
Courts sometimes require the executor to post a surety bond before granting Letters Testamentary. The bond acts as insurance for the beneficiaries and creditors: if the executor mismanages the estate, the bond covers the losses. Costs typically run between 1% and 15% of the bond amount, depending on the executor’s creditworthiness and the size of the estate. Many wills waive the bond requirement, and courts often honor that waiver, especially when the executor is a close family member and the beneficiaries consent. When there is no will, courts are far more likely to require a bond.
An executor is a fiduciary. That means acting in the best interest of the estate and its beneficiaries, not in the executor’s own interest. Mixing personal funds with estate funds, selling estate property below market value to a friend, or letting the administration drift can all breach that duty. Beneficiaries who suspect mismanagement can petition the court, which can reverse the executor’s actions, order reimbursement of losses, or remove the executor. Theft, fraud, or embezzlement can also trigger criminal prosecution.
The tax liability risk is worth repeating. An executor who distributes assets to beneficiaries before satisfying tax obligations can be held personally responsible for the unpaid taxes, dollar for dollar.1Office of the Law Revision Counsel. 31 USC 3713 – Priority of Government Claims This is the single biggest financial trap for executors, and it catches people in a hurry to close the estate.
Distribute What Remains and Close the Estate
Only after every creditor claim has been resolved and every tax return filed and paid can the executor distribute what is left to the beneficiaries. The will dictates who gets what. Some distributions are straightforward, like transferring a bank balance or writing a check. Others take more work, like recording a new deed for real estate or liquidating an investment portfolio and dividing the proceeds.
Before final distributions, the executor prepares a detailed accounting for the court and beneficiaries. It shows every dollar that came in, every payment that went out, and how the remaining assets will be divided. Beneficiaries have the right to review it and object. Getting all beneficiaries to sign off is often the step that takes longest, especially when family relationships are strained.
Once distributions are complete and receipts confirmed, the executor files a final petition asking the court to close the estate and discharge the executor. If the accounting is in order, the court approves it and the executor’s legal obligations end.
When a Small Estate Can Skip Most of This
Full probate is not always necessary. Every state offers some form of simplified process for estates below a certain value threshold. Depending on the state, it may be called a small estate affidavit, summary administration, or voluntary administration. These procedures involve less paperwork, fewer court appearances, and much shorter timelines.
The qualifying threshold varies widely, from as low as $15,000 to as high as $200,000 in personal property. Some states exclude certain assets, such as vehicles or property that is exempt from creditor claims, from the calculation. Most simplified procedures apply only to personal property and cannot transfer real estate, though a few states allow it. There is usually a mandatory waiting period after the death, commonly 30 to 45 days, before the process can begin.
If the estate qualifies, the process can be as simple as presenting an affidavit and a death certificate to the institution holding the asset and collecting the funds, with no court involvement at all. For estates just above the small estate line, some states offer a summary proceeding that moves faster than full probate but still involves limited court oversight. Checking the rules in the state where the decedent lived is the essential first step, because the savings in time and legal fees can be substantial.