What Does an Executor Do?

Being named as an executor is an honor and a large undertaking. You have been trusted to carry out someone’s final wishes, manage their estate, and navigate legal, financial, and emotional terrain. Before you accept the role, make sure you understand what it involves and get the support you need to do it well. You do not have to go it alone.

Obtain death certificates. Secure multiple original death certificates from the funeral home. You’ll need them to start insurance claims, close Social Security and many other future transactions.

Find the will and other estate planning documents. An estate planning attorney can help you file the will with the probate court. This is necessary for the executor appointment to be approved and the will to be validated. Once these two events occur, you can begin to settle the estate. If there is no will, an estate planning attorney should be contacted to guide the process through the courts.

Notify beneficiaries. You’ll also need to notify family members to avoid misunderstandings, even if they are not mentioned in the will. The attorney will tell you if you need to publish a legal notice in a local newspaper or other outlet. Social Security, Medicare and any other government agencies must be notified. Being transparent and thorough will prevent legal problems from occurring later on.

Secure and inventory assets. If the decedent hasn’t done so, create an inventory of all assets, including real estate, investment accounts, cars, boats and personal belongings. A thorough inventory would minimize the chances of lost assets and conflicts with heirs.

Establish an estate bank account. You’ll need to apply for an EIN number first, then you’ll be able to open an estate bank account to consolidate the deceased’s accounts. The executor uses the funds in the estate account to pay bills, debts, taxes and any estate-related expenses. A clear record will help in reporting to beneficiaries.

Manage ongoing expenses and settle debts. Utilities, mortgage payments and insurance premiums still need to be paid. By keeping them up to date, you maintain the estate’s value and prevent disruptions to essential services. If there is no money in the estate, the executor may need to sell assets to pay bills. Document everything to protect yourself from any future conflicts.

File tax returns. The executor is responsible for the decedent’s final income tax return and any estate tax returns. If the decedent lived in a state with an inheritance tax, the inheritance tax is the responsibility of the heirs, not the executor. Consult with a local estate planning attorney to be sure that the required tax payments are being made.

Have assets evaluated by a professional. An expert should value businesses, jewelry, art, collectibles and real estate. You should not do the real estate valuation, even if you are a realtor. A certified appraiser should value high-ticket items. Your estate planning attorney will have a network of experts to offer.

Pay estate taxes. If the estate is higher than the federal estate tax exemption limit, the estate will need to pay taxes within the applicable time limit. If you fail to meet the deadline, the penalties are strict and could result in substantial fines. While the current federal estate tax exemption is at an all-time high of $13.99 million per person, this may change in the future.

Distribute assets. Assets should not be distributed to heirs until all debts and other costs have been paid. Make sure to get receipts or signed agreements from beneficiaries to have proof of compliance.

Close the estate. Don’t overlook this final step. The court must be presented with a final financial summary of all financial dealings, including asset prices and debt repayment. Once the approval has been obtained, estate bank accounts can be closed and you can hang up your executor hat.

As you can see from these 11 steps, being an executor is a large responsibility. If it’s too much, speak with one of the attorneys at Sims & Campbell who can take on all or some tasks or provide guidance.

Reference: MSN (April 14, 2025) “Executor’s Checklist: 11 Essential Steps to Smoothly Settle an Estate”

Read more about the article Where Should I Keep My Will?
Probate is the legal process of administering the estate of a deceased person, resolving any claims and ultimately distributing the deceased person's property under the declaration of the deceased’s Last Will & Testament. A probate court decides the legal validity of a testator's will and grants its approval by granting probate to the executors. Until such time as probate is granted and after any due taxes have been deducted, the assets and property forming the wealth of the estate, remains locked - out of the reach of any beneficiaries.

Where Should I Keep My Will?

A will is only useful if it can be found after death. If misplaced, locked away without access, or accidentally destroyed, the probate court may proceed as if no will exists, distributing assets according to state law rather than the decedent’s wishes. Proper storage balances security and accessibility, ensuring that the document is protected but readily available when needed.

Best Places to Store a Will.

In a Fireproof and Waterproof Safe at Home

A home safe provides security while allowing immediate family access when needed. It should be fireproof and waterproof and placed in a location known to the executor. If the safe requires a key or code, at least one trusted person should have access. Without access instructions, a locked safe can delay probate and require court intervention.

With the Probate Court (Where allowed)

Some states allow individuals to file their will with the local probate court for safekeeping. This ensures that the document is secure and legally recognized. However, this method requires updating the court file when revisions are made. If this step is overlooked, an outdated will may be used in probate.

Registered with The U.S. Will Registry

Registering your will with The U.S. Will Registry helps ensure your loved ones can locate it when needed. Even if you store a physical copy safely, family members may forget its location, misplace it, or accidentally discard it. By registering, you clearly record where your will is stored, preventing unnecessary stress and delays in settling your estate. The U.S. Will Registry also offers free online storage, giving you extra security and peace of mind.

With an Estate Planning Attorney

Some people choose to leave their will with the attorney who drafted it. Law firms typically store wills in fireproof safes, ensuring that the document is secure and intact. If the will’s validity is questioned, an attorney can verify its authenticity. However, this option is only effective if family members or the executor know which attorney holds the will and that the attorney is still in business.

Where Not to Store a Will

In a Bank Safe Deposit Box

While safe deposit boxes provide strong security, they can cause delays. Banks typically seal a box upon the owner’s death, preventing the executor from accessing the will without a court order. If choosing this option, the executor should be listed as a co-owner with access rights.

In an Unsecured Location

A will should not be stored in a desk drawer, filing cabinet, or with other household papers. These locations increase the risk of loss, accidental destruction, or intentional tampering. A digital copy is insufficient, as most states require the original, signed document for probate.

Ensuring the Will Can Be Found

Regardless of where the will is stored, the executor and at least one trusted person should know its location. Keeping instructions in a separate estate planning file and other critical documents ensures the will can be located and used immediately.

Key Takeaways

  • Proper storage prevents legal complications: The probate court may distribute assets according to state law if a will is lost or inaccessible.
  • An attorney’s office offers security and authentication: Keeping a will with an estate planning attorney protects it from loss and helps verify its validity.
  • A fireproof home safe balances security and access: A well-placed, fireproof safe ensures that the will is protected while remaining available to the executor.
  • Safe deposit boxes can cause probate delays: If an executor cannot access a safe deposit box, a court order may be required to retrieve the will.
  • Family members must know where the will is stored: Informing the executor and key family members of its location prevents confusion and unnecessary legal delays.

Contact us to schedule a complimentary initial call with one of our experienced estate planning attorneys.

Reference: The U.S. Will Registry (Oct. 24, 2024) “Where to Store Your Will to Ensure its Security”