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Whenever a person dies, his or her estate needs to be collected and managed. Estate administration involves gathering the assets of the estate, paying the decedent's debts, and distributing the remaining assets. Without a basic understanding of the estate administration process, the whole experience can be pretty overwhelming. This section offers a number of resources on estate administration and executors. You’ll find articles on how to administer an estate, the treatment of debts after death, choosing the right executor, the duties of the executor, and much more. Choose a link from the list below to learn more about estate administration.

Estate Administration Basics

All of the things a person once owned make up their estate once they are deceased. Many estates must undergo probate proceedings, during which time someone has to be responsible for managing the estate to ensure that nothing is taken or loses value due to neglect. This person is usually called the "personal representative," though in some states they may also be called the "executor."

The personal representative or executor of an estate may be a person or a company such as a bank. Personal representatives may be nominated by the decedent in their will. If there is no will, or the will fails to nominate a personal representative; the court can appoint a personal representative, usually the surviving spouse or another close family member. In some cases more than one personal representative will be named.

The personal representative inventories the decedent's assets and informs the decedent's creditors that the decedent has died. If their assets are enough to pay the creditors they are paid from the estate. Otherwise the personal representative will need to seek the court's approval to determine who should be paid.

If there are assets remaining after the debts are paid the remainder of the assets are distributed according to the will. Those who do not have a will are called "intestate" and states have different rules regarding how assets are distributed under their laws relating to intestacy. Some small estates may escape probate altogether.

Executor Duties

The executor of an estate is charged with ensuring that the deceased's last wishes are granted regarding the disposition of their property and possessions. The law doesn't require the executor of a will to be a lawyer or accountant, but it does require that the executor fulfill their duties with the utmost honesty and diligence.

The executor of a will has many duties, depending on how complicated the will is. Some common duties include:

  • Identifying, locating, and maintaining the assets of the estate until they can be properly distributed. This includes determining which assets should be sold.
  • Determining whether probate is necessary.
  • Finding and contacting the beneficiaries named in the will.
  • Ensuring the will is filed with the appropriate probate court, which is often required even when probate proceedings are not necessary.
  • Financially managing the estate, including cancelling credit cards, notifying creditors and agencies, paying debts, making necessary payments such as mortgage and insurance payments, paying final income taxes, and setting up accounts to manage the finances.

Read more

Recent Topics

  • Checklist: The Executor's Role
    Created by FindLaw's team of legal writers and editors.

    A checklist of the tasks executors must complete, including filing a petition with the court, collecting all of the decedent’s assets, paying state and federal taxes, and preparing a statement of receipts.

  • Choosing the Executor FAQ
    Created by FindLaw's team of legal writers and editors.

    A collection of commonly asked questions about choosing the right executor. Find answers to your questions about executor eligibility, the qualities an executor should possess, naming an alternative executor, and more.

  • Debts After Death
    Created by FindLaw's team of legal writers and editors.

    Learn about what happens to a person’s debts after he or she passes on. You’ll find information on whether you’re responsible for a deceased relative’s debts, how credit card debt is treated after death, and more.

  • How to Administer an Estate
    Created by FindLaw's team of legal writers and editors.

    A guide to administering an estate. Learn about which state law applies, the difference between formal and informal probate, appointing a personal representative, inventorying and distributing the estate, and much more.

  • Estate Administration Basics

    When a person dies, all of his or her possessions – real estate, money, stocks, personal belongings, etc. – become a part of his or her estate. Estate administration refers to the process of collecting and managing the estate, paying any debts and ta...

  • Estate Administration: The Will After Death
    Created by FindLaw's team of legal writers and editors.

    A look at how wills are treated upon the death of the testator. This article offers information on how probate works, the formal requirements for wills, and limitations on wills.

  • Executors

    When a person dies, all of the deceased's possessions become a part of his or her estate, which must then be administered according to the will of the deceased person. The person who handles the administration of the estate is the "executor." Just as...

  • Paying the Debts of a Deceased Relative: Who Is Responsible?
    Created by FindLaw's team of legal writers and editors.

    After a relative dies, the last thing grieving family members may expect are calls from debt collectors asking them to pay their deceased loved one's outstanding debts . According to the Federal Trade Commission (FTC), the nation's consumer protectio...

  • What Does an Executor Do?
    Created by FindLaw's team of legal writers and editors.

    A broad overview of the executor’s role in estate administration. Learn about the many duties handled by the executor, including overseeing the disposition of property, paying off debts, and more.

  • Will Executor Duties FAQ
    Created by FindLaw's team of legal writers and editors.

    Answers to common questions about the duties of an executor. Learn about what executors typically must do, whether they may refuse the responsibility, whether they’re paid, whether they receive professional assistance, and more.

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