Somebody has to do the work. When you die, your accounts are frozen, your bills keep arriving, your property has to be insured and maintained, and eventually your beneficiaries need to actually receive something. The executor is the person your will nominates to handle all of it, and a probate court confirms them before they can act.
The job is mostly administrative and unglamorous: locating assets, notifying creditors and agencies, filing final tax returns, keeping records, selling property that has to be sold, and accounting to the court and the beneficiaries. It commonly runs many months, sometimes considerably longer where real estate, a business, or a family disagreement is involved.
People often pick the eldest child, or the person who would be offended not to be picked. Better criteria are organization, availability, and the willingness to say no to a relative. An executor who cannot handle a difficult conversation about a disputed piece of furniture will struggle with the parts that involve money.
Naming a backup matters more than most people expect. Your first choice may predecease you, be too unwell to serve, or simply decline — an executor cannot be forced to take the role. Without an alternate named in the will, the court appoints someone under state law, and the choice may not be one you would have made.
Frequently asked
- Can my executor get into my email, crypto, and online accounts?
- Not automatically, and often not at all. Court appointment gives your executor legal authority over your estate, but each provider has its own terms of service and its own process, and some refuse disclosure of message content outright. Self-custodied crypto is the hardest case: no court order produces a seed phrase. Assume your executor will need the access details themselves, delivered securely and separately from the will.
- Does the executor get paid?
- Generally yes. State law usually allows reasonable compensation from estate funds, sometimes as a percentage and sometimes as a fee the court reviews, and the rules differ meaningfully from state to state. Family members frequently waive it, particularly when they are also a beneficiary and would rather take an inheritance than taxable income. Either way, an executor is entitled to reimbursement for expenses paid out of pocket.
- Can an executor be held personally liable for mistakes?
- Yes, and this is the part most first-time executors do not anticipate. Distributing to beneficiaries before creditors and taxes are settled can leave the executor personally on the hook for the shortfall. Paying the wrong claims, missing a filing, or self-dealing all create exposure. The protection is procedural: follow the statutory notice steps, keep every receipt, and get professional help before writing large checks.