Choosing an Executor: Duties, Skills, and Questions to Ask

Why the choice matters

Choosing an executor is one of the most consequential decisions in estate planning. The executor carries legal responsibility to locate assets, pay debts and taxes, handle probate procedures, and distribute your estate according to your will. A capable executor reduces delays, minimizes costs, and lowers the chance of family disputes. A poor choice can create stress for heirs and force a court to appoint a replacement (and possibly remove or surcharge an executor later).

Authoritative guidance from the IRS and the Consumer Financial Protection Bureau explain the executor’s role in final tax filings and estate administration (see IRS Publication 559 and CFPB resources). These sources remind testators that state law governs many procedural details, so choices should be tailored to where you live.

Sources: IRS Publication 559; CFPB estate administration pages.

Core duties an executor will perform

• Locate and secure assets, including bank accounts, safe-deposit boxes, life-insurance policies, and digital accounts.
• File the will with the local probate court and, when required, open a probate case.
• Notify beneficiaries and creditors and publish notices if state law requires it.
• Inventory estate assets, value them as of date of death, and manage ongoing expenses.
• Pay outstanding bills, funeral expenses, and valid creditor claims.
• Prepare and file final individual income tax returns and any estate tax returns; obtain an Employer Identification Number (EIN) for the estate if needed.
• Sell assets if necessary to pay debts or to equitably divide the estate.
• Distribute remaining property to beneficiaries per the will and close the estate account.

Practical note: Executors also handle smaller but time-consuming tasks like canceling subscriptions, closing accounts, and managing digital assets—items often overlooked until they cause delays. For help with those steps, see our executor checklists and tools (link below).

Related internal resources: Selecting an Executor: What to Look For, Executor’s Checklist for Filing Estate and Final Individual Returns, Document Locator Strategies: Ensuring Executors Find Everything

(Internal links: “Selecting an Executor: What to Look For” — https://finhelp.io/glossary/selecting-an-executor-what-to-look-for/, “Executor’s Checklist for Filing Estate and Final Individual Returns” — https://finhelp.io/glossary/executors-checklist-for-filing-estate-and-final-individual-returns/, “Document Locator Strategies: Ensuring Executors Find Everything” — https://finhelp.io/glossary/document-locator-strategies-ensuring-executors-find-everything/)

Skills and qualities to prioritize

When you evaluate candidates, balance trust with competence. The role combines administrative, financial, legal, and interpersonal work. Look for these attributes:

• Organization and attention to detail: executors maintain inventories, record transactions, and produce accounting to beneficiaries and courts.
• Financial literacy: familiarity with bank accounts, investment statements, mortgages, and basic tax concepts reduces mistakes and delays.
• Integrity and impartiality: an executor must act in the estate’s and beneficiaries’ best interests and avoid conflicts of interest.
• Availability and resilience: probate can take months to years; an executor should have time and emotional bandwidth.
• Communication skills: regular, clear updates to beneficiaries avoid misunderstandings and reduce conflict.
• Basic legal comfort or willingness to work with an attorney: probate procedures and timelines are governed by state law.

You don’t need a lawyer or CPA as an executor in every case. Many estates are efficiently handled by a well-organized family member who knows where documents are and can follow directions. For complex estates, business owners, blended-family situations, or cross-border assets, a professional (attorney, bank trust officer, or corporate fiduciary) may be appropriate.

Family member, friend, or professional? Pros and cons

• Family member: Pros—knows the family, likely to understand the testator’s wishes. Cons—may lack skills, be emotionally involved, or spark family conflict.
• Friend: Pros—trusted and possibly impartial. Cons—may lack experience or time.
• Professional (attorney, bank, corporate fiduciary): Pros—experience, neutrality, continuity. Cons—cost (professional fees), and sometimes less personal knowledge of family dynamics.

Compensation: Executors can be paid. State law may limit or define allowable fees, and compensation is often specified in the will or approved by the probate court. Discuss expectations with your chosen executor to avoid surprises.

Practical steps to choose an executor

1. List candidates and evaluate against required duties and time commitment.
2. Speak candidly with top candidates—describe typical tasks, approximate timelines, and whether you expect them to hire attorneys or accountants.
3. Confirm willingness in writing and name alternates in your will.
4. Provide a letter of intent or a detailed estate folder with location of important documents, preferred service providers, passwords or digital vault access instructions, and funeral wishes.
5. Coordinate with estate planning attorney to reflect your choice in the will and to ensure step-in instructions for alternates and any professional compensation.

A document locator strategy and an executor playbook reduce friction for whomever you appoint; see our article on Document Locator Strategies for practical templates.

Questions to ask candidates (script you can use)

• Are you willing to serve? Do you have conflicts (business, legal, geographic) that would make serving difficult?
• Can you commit the likely time (months to years) and administrative effort required?
• Are you comfortable managing finances, working with an attorney and tax preparer, and keeping beneficiaries updated?
• Do you have the temperament to handle disputes calmly and impartially?
• Would you prefer to serve alongside a co-executor or enlist a professional for technical tasks?
• If you can’t serve, who should be appointed as an alternate?

These questions clarify expectations and protect your beneficiaries from surprise delays.

Common pitfalls to avoid

• Naming an executor without asking first. They can decline later, and you may not have a preferred backup.
• Choosing solely by family tradition rather than capability.
• Forgetting to name an alternate executor.
• Overlooking digital assets and passwords—without access, executors may be blocked from accounts.
• Failing to update the choice after major life events (divorce, death, relocation).

Timeline and cost expectations

Probate timelines and executor duties vary by state and estate complexity. Simple estates may close within a few months; contested or complex estates may take 18 months or longer. Executors commonly pay out-of-pocket expenses during administration and are later reimbursed from the estate; professional fee structures differ (flat, hourly, or a percentage subject to state rules).

Check state probate rules or consult an estate attorney to estimate likely time and costs. For tax matters, the IRS provides guidance on filing final individual returns and estate returns; executors often obtain an EIN for the estate and may need to file Form 1041 for estate income.

Sources: IRS guidance on estates and EINs; CFPB materials on managing an estate.

Final checklist for naming an executor

• Ask the person and confirm willingness.
• Provide a letter of intent, documents, and a document locator plan.
• Name alternates in the will.
• Discuss compensation and whether professional help will be used.
• Review the choice every 3–5 years or after major life changes.

Professional disclaimer: This article is for educational purposes and does not constitute legal or tax advice. Estate and probate laws differ by state and can change—consult a qualified estate planning attorney and your tax advisor for guidance tailored to your situation.

Further reading on finhelp.io:

• Selecting an Executor: What to Look For — https://finhelp.io/glossary/selecting-an-executor-what-to-look-for/
• Executor’s Checklist for Filing Estate and Final Individual Returns — https://finhelp.io/glossary/executors-checklist-for-filing-estate-and-final-individual-returns/
• Document Locator Strategies: Ensuring Executors Find Everything — https://finhelp.io/glossary/document-locator-strategies-ensuring-executors-find-everything/

Authoritative sources cited: IRS Publication 559 (Survivors, Executors, and Administrators); IRS guidance on EINs and estate tax forms; Consumer Financial Protection Bureau estate administration resources.

In my 15 years of practice helping clients, the most resilient estates are those where testators choose executors who combine trustworthiness with clear communication and basic financial competence—and then make their jobs easier with organized documents and a short letter of intent.