An executor is the person you name in your will to handle your estate after you die.
They don't inherit your money (unless you also name them as a beneficiary). They manage it — paying off debts, filing your final tax return, distributing your assets to your heirs, and closing out your affairs.
Think of the executor as the project manager of your death. They handle the paperwork, the phone calls, the legal requirements, and the family dynamics — so everything gets done correctly and your wishes are followed.
If you have a will, you've named an executor. If you don't have a will, a court appoints one (called an "administrator"). Either way, someone has this job. The question is whether YOU choose them or a judge does.
What an Executor CAN'T Do
Most people get this backwards. The executor's job is to follow the will, not change it. There are clear legal limits on what they can do.
| ✅ An executor CAN | ❌ An executor CANNOT |
|---|---|
| Pay debts and taxes from estate funds | Change who inherits what (the will controls this) |
| Sell estate property to pay debts | Keep assets for themselves unless named as beneficiary |
| Hire lawyers, accountants, appraisers | Distribute assets before debts and taxes are paid |
| Open and manage an estate bank account | Make decisions about your healthcare (that's a power of attorney) |
| Take a reasonable executor fee | Override clear instructions in the will |
| Distribute assets per the will | Sell property below fair market value to a friend or themselves |
| Defend the will in court if challenged | Continue acting after the estate is closed |
⚠ Important: personal liability
An executor who breaks these rules can be personally liable. Beneficiaries can sue, and the court can remove the executor and order them to repay the estate from their own money. This is why most executors hire a probate attorney for any decision that isn't routine.
Are You Here Because…
"I was just named as executor and I don't know what to do"
→ Jump to the 12 Executor Duties & step-by-step checklist
"I'm making a will and need to choose an executor"
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The 12 Duties of an Executor
Phase 1: Immediately After Death (Week 1)
Phase 2: Probate & Administration (Months 1–3)
Phase 3: Paying Debts & Taxes (Months 3–9)
Phase 4: Distribution & Closing (Months 6–18)
Total timeline: 6–18 months for most estates. Simple estates: 6–9 months. Contested or complex: 12–18+.
Nobody is born knowing how to do this. Most executors figure it out as they go — with help from the estate attorney, the funeral home, the bank, and the court clerk. You don't need to know everything on day one. You need to know step 1.
Executor Compensation — Yes, You Get Paid
Executors are entitled to compensation from the estate. Most states set a fee schedule:
| State | Executor Fee |
|---|---|
| West Virginia | "Reasonable compensation" (typically 2–5% of estate) |
| Ohio | 4% of first $100K + 3% of next $300K + 2% above $400K |
| Virginia | Up to 5% of estate value |
| Pennsylvania | Varies by county — typically 3–5% |
| National range | 1–5% of total estate value |
On a $300,000 estate: Executor fee = approximately $6,000–$15,000.
Being an executor is WORK. 50–100+ hours over 6–18 months. Phone calls, paperwork, bank visits, court filings, family management. The compensation exists because the job is real.
Should You Take the Executor Fee?
It depends on three things:
- 1. Are you also a beneficiary? If you're inheriting a significant share of the estate, taking the executor fee on top is unusual — beneficiary-executors often waive the fee since they're already getting paid through inheritance.
- 2. How much work is involved? A simple estate (one house, one bank account, one beneficiary) is genuinely a few weeks of work. A complex estate (business, real estate in multiple states, contested heirs) is a part-time job for a year or more. The fee should match the workload.
- 3. Is the fee taxable? Yes. Executor fees are reported as ordinary income on your personal tax return. If you're inheriting from the same estate, your inheritance is generally NOT taxable — but the executor fee is.
For most family situations, the answer is: take a fair fee for the work, even if you're a beneficiary. Estate administration is real labor and you deserve compensation. Just be transparent with other beneficiaries about it.
Executor vs. Trustee vs. Power of Attorney
These three roles are often confused. Here's how they differ:
| Role | When it's active | What they do |
|---|---|---|
| Executor | Only after you die | Settles your estate per your will: pays debts, files taxes, distributes assets |
| Trustee | While you're alive AND after death | Manages assets you've placed in a trust, distributes per the trust terms |
| Power of Attorney | Only while you're alive | Makes financial or medical decisions if you can't (ends at death) |
Executor vs. Trustee — What's the Difference?
An executor handles a will and works with the probate court. A trustee handles a trust and avoids probate. If you have both a will and a trust, you can name the same person as both — but they wear different hats.
Power of Attorney vs. Executor
A power of attorney has authority while you're alive but incapacitated. The moment you die, that authority ends. The executor's authority begins at the same moment. There's no overlap. This is why most estate plans include both — they cover different periods of your life.
Executor vs. Executrix
These are the same role with different names by gender. "Executor" is the modern, gender-neutral term used for any person of any gender. "Executrix" is the historical term for a female executor and is now mostly obsolete except in older legal documents.
How to Choose the Right Executor
Choose someone who is:
- ✅ Trustworthy — they'll have access to all your money and assets
- ✅ Organized — the job involves paperwork, deadlines, and record-keeping
- ✅ Available — some tasks require physical presence (bank visits, court appearances, house access)
- ✅ Willing — always ASK before naming someone. It's a significant commitment.
- ✅ Emotionally capable — they'll manage your estate while grieving your death
- ✅ Financially responsible — someone with their own financial problems may struggle with the temptation of managing yours
Common choices:
- • Spouse (most common — but name a backup in case of simultaneous death)
- • Adult child (the most organized/responsible one, not necessarily the oldest)
- • Sibling
- • Trusted friend
- • Attorney or bank/trust company (for complex estates — they charge fees but guarantee competence)
People to AVOID as executor:
- ❌ Anyone with active addiction or gambling problems
- ❌ Anyone currently in significant debt or financial trouble
- ❌ Anyone who can't keep confidential information private
- ❌ Anyone who has conflicts with other beneficiaries
- ❌ Anyone who lives far away and can't travel for in-person tasks
- ❌ Anyone who lives outside the U.S. (logistical and bonding issues)
- ❌ Anyone you haven't asked first (surprising someone with this job is unkind)
- ❌ Your only beneficiary (if they're already inheriting, naming a non-beneficiary executor avoids conflict-of-interest issues)
Always name a backup executor. If your first choice can't serve (health, death, refusal), the backup steps in without court involvement.
"Someone Died and I'm the Executor — Now What?"
First: breathe. You don't need to know everything right now. The 12 duties above happen over 6–18 months, not 6–18 days. Here's what to do THIS WEEK:
This week:
- 1. Find the will. Check the deceased's home, their attorney, and the county clerk.
- 2. Call a probate attorney for a consultation (many offer free initial meetings).
- 3. Order 8–10 death certificates through the funeral home.
- 4. Secure the deceased's home and valuables.
- 5. Do NOT distribute anything to anyone yet. Not even "small things."
This month:
- 6. File the will with probate court.
- 7. Notify banks, insurance companies, and employers.
- 8. Open an estate bank account.
- 9. Start the asset inventory.
Next 3–6 months:
10. Follow the 12-duty checklist above, step by step.
You don't need to be a lawyer or a financial expert. You need to be organized and willing to ask for help. The probate attorney, the bank, the funeral home, and the court clerk are all resources. Use them.
Can You Decline or Resign as Executor?
Yes — to both. There's no legal obligation to accept the role just because you were named.
To decline before accepting: file a formal "renunciation" with the probate court before you take any executor actions. The court will then appoint the successor named in the will (or a qualified family member if no successor was named).
To resign after accepting: it's harder. You file a "resignation" with the court and ask to be replaced. The court usually requires you to file a final accounting of everything you've done so far before discharging you. Until you're discharged, you remain personally liable.
If you're feeling overwhelmed, the better answer is usually to hire a probate attorney to handle the work while you remain the named executor — their fee comes from the estate, not your pocket.
Can an Executor Be Removed?
Yes — beneficiaries can petition the court to remove an executor for:
- • Mismanaging estate assets (stealing, wasting, making bad investments)
- • Failing to act (not filing paperwork, not distributing assets, not communicating)
- • Conflict of interest (the executor is also a creditor or has competing interests)
- • Incapacity (the executor becomes ill or incapacitated during administration)
The process: File a petition with probate court. The court investigates and can remove the executor and appoint a replacement. This is rare but it happens — usually when an executor takes money or refuses to communicate with beneficiaries.
Removal is rare but real. About 5–10% of contested estates involve a request to remove the executor. The most common scenario isn't fraud — it's an executor who simply isn't doing the work, often because they didn't realize how much was involved. If you're a beneficiary and the estate has been "in progress" for over a year with no clear updates, you're entitled to ask the court for a status report or a replacement.
Name Your Executor — Make a Will Today
Your executor can only serve if you've named them. No will = a court appoints someone.
Most people make a will in 20–45 minutes online for $89.
What you'll get: state-valid will, executor designation, optional attorney access. wvfuneralboard.com may earn a referral fee at no cost to you.
Want a complete estate plan with a trust? See LegalZoom's Estate Plan →
Frequently Asked Questions
You May Also Find Helpful:
How to Make a Will
Step-by-step guide to creating a legally valid will — online for $89 or with an attorney.
Read →What Is Probate?
Probate explained in plain English — what it costs, how long it takes, and how to avoid it.
Read →Things to Get in Order
The complete checklist of everything to organize before you die.
Read →Will vs. Trust
Which estate plan is right for your family? A side-by-side comparison.
Read →How to Make a Trust
When a trust makes sense, what it costs, and how to set one up.
Read →Sources: Uniform Probate Code, state probate codes for WV/OH/VA/PA, American Bar Association estate administration guidance.
This guide is for general information only and is not legal advice. Probate rules vary by state and individual circumstances differ. If the estate is complex (a business, blended family, significant assets, or family conflict), consult a licensed probate attorney.