Executor: Role, Duties and the Documents They Need
An executor is the person named in a will to manage the estate and distribute its property as the will directs. This is how the IRS describes the role in Publication 559.
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Executor, administrator and personal representative
"Personal representative" is the general term for whoever is in charge of a deceased person's property. An executor is named in the will. An administrator is usually appointed by a court when there is no will, the will names no executor, or the named executor cannot or will not serve.
Typical duties
According to the IRS, executors and administrators generally have the same responsibilities: gather the decedent's assets, pay debts and pass the remaining assets to heirs or beneficiaries. For tax purposes they must also get an EIN for the estate and file required returns on time. The Ventura County Superior Court notes that failing to pay the estate's debts can make the representative personally liable to creditors.
Documents executors often need
Court-issued letters give a representative legal authority, and banks and insurers often ask for them, per the Ventura guide. USAGov says most agencies and programs ask for certified copies of the death certificate.
Frequently asked questions
Does being named in a will make me executor automatically?
Not always. A court generally must approve the appointment and issue letters. Minnesota's courts, for example, say being named in a will does not make someone a personal representative.
Is an executor paid?
Rules vary by state, so check with the probate court.
Can I decline to serve?
Possibly. The IRS notes an administrator may be appointed if the named executor cannot or will not serve.
Sources
US Records is a private company and is not a government agency. Government agencies issue certified records; we help you order them.
Written By
US Records TeamThe US Records Team writes and reviews guides on birth, death, marriage and divorce certificates, using state statutes, agency instructions and court records as sources.
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