When someone dies and the will names you as executor, you take on a legal role with deadlines, paperwork and personal liability, often while you are still grieving. This article covers the main executor duties and the documents executors must file in the United States: court petitions, IRS forms, creditor notices and the final accounting that closes the estate. It also points out where things usually go wrong, so you can avoid problems that drag probate out for months.
What the Executor Role Actually Involves
An executor is a fiduciary. That means the law requires you to put the interests of the estate and its beneficiaries ahead of your own, and courts take this duty seriously. You collect the assets, pay valid debts and taxes, and then distribute what remains according to the will.
The will names you, but it does not give you any legal power. Your authority starts when the probate court issues letters testamentary, which some states call letters of administration with will annexed. Until then, banks will not release funds to you, and title companies will not deal with you.
Executor Duties and Documents in the Order You Will Need Them
The sequence matters, because each filing depends on the one before it. An experienced probate paralegal usually works through the estate in this order:
1. File the original will and the probate petition. Many states require whoever holds the will to deliver it to the court soon after the death. California Probate Code §8200 sets a deadline of 30 days. The petition lists the heirs, the estimated value of the estate and the person asking to be appointed. Some states also require a fiduciary bond unless the will waives it.
2. Get letters testamentary and an EIN. When the court appoints you, order 5-10 certified copies of the letters. Each bank, brokerage and insurer will want one. Then apply to the IRS for an Employer Identification Number for the estate using Form SS-4. You can do this online the same day. You cannot open an estate bank account without it.
3. File IRS Form 56. This form, the Notice Concerning Fiduciary Relationship, tells the IRS that you now act for the decedent. Many executors skip it, and then IRS notices keep going to the dead person’s address.
4. Publish and mail notice to creditors. Most states require you to publish a notice in a local newspaper and mail it directly to known creditors. Publishing starts the claims clock. In Florida, creditors generally have 3 months from first publication to file a claim. In California, the period is 4 months from the date letters are issued.
5. File the inventory and appraisal. This is a list of every probate asset and its value on the date of death. Texas Estates Code §309.051 gives you 90 days after you qualify. California allows 4 months. Real estate and business interests usually need a qualified appraiser.
The Tax Filings Executors Often Miss
Taxes cause more trouble for executors than anything else in probate. You are responsible for the decedent’s final Form 1040, which covers January 1 through the date of death. It is due on the normal April deadline of the following year.
The estate itself is a separate taxpayer. If the estate earns $600 or more in gross income during a tax year, you must file Form 1041. That income includes interest, dividends, rent and gains from selling assets. Estates can choose a fiscal year instead of the calendar year, which can help with timing distributions.
Form 706, the federal estate tax return, is due 9 months after death. You can get a 6-month extension by filing Form 4768. Few estates owe federal estate tax, because the exemption is $15 million per person for 2026 under the 2025 tax legislation. There is one exception many people overlook. If the decedent was married, the surviving spouse can keep the unused exemption only if you file Form 706 to make a portability election, even when no tax is owed. Under Rev. Proc. 2022-32, a late portability election is possible for up to 5 years after death, but it is far simpler to file on time.
Some states have their own estate or inheritance taxes, with much lower thresholds. Examples are Massachusetts, Oregon, New York, Pennsylvania and New Jersey. Massachusetts taxes estates above $2 million.
Myth: The Executor Pays the Debts Personally
Many people turn down the executor role because they think they would have to pay the decedent’s credit card bills themselves. They would not. Debts are paid from estate assets only, and if the estate runs out of money, unsecured creditors are left unpaid.
There is an important exception. If you distribute assets to beneficiaries before paying valid debts, especially federal taxes, you can become personally liable. Under the federal priority statute, 31 U.S.C. §3713, a fiduciary who pays others before the United States can be held liable up to the amount paid out. To limit this exposure, careful executors file Form 5495 to request a discharge from personal liability and Form 4810 to ask the IRS for a prompt assessment.
Common Mistakes That Delay Closing
The most damaging mistake is distributing early. A typical case: siblings pressure the executor to “just split the account” two months after the funeral. Then a medical provider files a $14,000 claim in month three, and the executor has to ask the siblings for money back.
The second mistake is commingling funds. If you deposit estate checks into your personal account, even briefly, the final accounting becomes much harder to defend. Beneficiaries also gain grounds to ask the court to remove you. Every dollar should go through the estate account under the estate’s EIN.
The third mistake is assuming the will controls everything. Life insurance, 401(k) and IRA accounts, and transfer-on-death accounts pass to whoever is named on the account, not under the will. The rules on beneficiary designation forms explain why these assets often do not belong on your probate inventory at all. Leaving them off avoids inflated court fees in states that charge based on estate value.
When the Standard Process Does Not Apply
Small estates can often skip formal probate. Most states allow a small estate affidavit below a certain value, and California’s limit is above $200,000 after its April 2025 adjustment. If all assets were held in a living trust, the successor trustee handles them without court involvement. Some states, including Texas, also allow independent administration, which removes most court supervision once letters are issued. For a broader look at how court procedures differ, see this guide on probate documents and procedures.
FAQ
How long does an executor have to settle an estate?
There is no single national deadline. A simple estate usually takes 9-18 months. The creditor claim period, the Form 706 deadline or a real estate sale often set the minimum timeline.
Can an executor be paid?
Yes. Some states set fees by statute. In California, the fee is 4% of the first $100,000 of the estate and 3% of the next $100,000. Other states allow “reasonable compensation.” Executor fees count as taxable income to the executor.
What document closes the estate?
The executor files a final accounting along with signed receipts and releases from beneficiaries. The executor then asks the court for an order of discharge. Without that order, the executor’s duties technically continue.
Final Practical Tip
Start a dated log on day one. Record every call, every form and every dollar that comes in or goes out. This makes the final accounting much easier and protects you if a beneficiary later challenges your decisions. If you are planning ahead for your own family, a clearly drafted last will and testament that names an executor, waives bond and grants independent administration powers can spare that person much of the work described above.