Are You Sure You Want to Be an Executor?

Transcript of Podcast Episode 384

Hello, this is Bill Rainaldi, with another edition of Security Mutual’s SML Planning Minute. In today’s episode: are you sure you want to be an executor?

Perhaps you should consider it an honor. Your Uncle Charlie, who always liked, trusted and respected you, has named you as the executor of his will. What does that even mean?

The executor of an estate is the person (or, sometimes an entity) appointed to manage the financial affairs of a deceased individual and to carry out their wishes as outlined in their will. The executor is usually a family member, but it can also be a close friend, financial advisor or family lawyer. It can also be a financial institution. And sometimes there’s more than one.

So, what does an executor do? Here are some of the early steps many executors take: obtaining copies of the death certificate and filing a copy of the will with the probate court where the deceased lived. Before the court approves the executor, they may schedule a hearing to give interested parties a chance to either contest the will or object to the appointment of the executor.[1]

Once approved, the executor generally needs to notify the appropriate parties of the decedent’s death. This may include friends and family members, financial institutions and government agencies, such as the Social Security Administration. Then they usually need to gather all the estate’s assets and liabilities.

After that, the executor will need to settle any debts or taxes before the assets can be distributed. Once all this is done, they will supervise the distribution of the assets.[2]

It sounds complicated, and it very often can be. It typically takes three to six months, but it can be much longer, sometimes as long as two years or more.[3] [4] And it could involve a major time commitment on the executor’s part. Also, the amount of paperwork can be overwhelming.

Here’s one good reason to say yes: executors usually get paid. However, for small and modest sized estates where family members act as executor, this is often done free of charge.  In larger and more complicated estates, the rate is typically set by state law, with a normal rate of anywhere between 2 and 5 percent of the total estate value.[5] In many cases the rate will be calculated on a sliding scale based on the value of the estate. In New York, for example, the fee is 5 percent for estates below $100,000, gradually dropping down to 2 percent for estates of more than $5 million. Two percent of $5 million is $100,000.

Things can sometimes get tricky for an executor. In most states, the executor can also be a beneficiary of the estate.[6] This has the potential to create a conflict of interest, if not conflict with the other beneficiaries.

The entire process can be overwhelming for some. It’s important to remember that even though it may be an honor, you don’t have to accept it. Another alternative might be to accept the assignment but hire some professionals to help you out.[7]

And people do sometimes turn down the opportunity to serve as an executor, despite any personal or financial incentives. Potential family conflicts are sometimes enough to scare someone off. For example, the decedent might own a house that is scheduled to be split among his children. But what happens if one of them is already living there? The executor may have to notify the resident that he or she must move out so that the property can be sold.

It may carry some prestige, but acting as the executor can often put them in the middle of disagreements between some of the heirs over the distribution of assets. If you’re a family member or friend, being an executor can cause irreparable damage to your personal relationships, and that’s one of the big reasons people sometimes opt out.

It’s also important to recognize that an executor is considered a fiduciary for the estate and its beneficiaries. This is a high ethical standard where, if the executor does something wrong or enriches him or herself unjustly, they can be sued personally. The potential for personal liability may be enough of a reason to reject the nomination, particularly in large or complicated estates.

Finally, note that things can get even more complicated if the individual does not have a will. In that case, the court will appoint someone to be the administrator of the estate. That’s basically the same job as the executor, but with a court-appointed individual who may or may not have known the decedent.

If you’re the one who’s doing your own estate planning, putting together the will—with the help of a qualified estate planning attorney—is a good start. You’ll need to think seriously about who you want as your executor. Just as important, you need to communicate early and openly about your decisions with everyone involved. And be sure to revisit your choice every few years.

[1] MetLife. “Executor of Estate: What Do They Do?” MetLife.com. https://www.metlife.com/stories/legal/executor-of-estate/ (accessed April 16, 2026).

[2] Id.

[3] American Wills & Estates. “How Long Does Probate Take and How Much Does it Cost?” Americanwillsandestates.com https://americanwillsandestates.com/blog/how-long-does-probate-take-and-how-much-does-it-cost/ (accessed April 16, 2026).

[4] Beck, Lenox & Stolzer. “How Long Does It Take to Distribute Assets and Close an Estate?” Beckelderlaw.com. https://beckelderlaw.com/how-long-does-it-take-to-distribute-assets-and-close-an-estate/# (accessed April 16, 2026).

[5] The Olear Team. “Executor of estate fees: How much is paid, and when?” Olear.com. https://olear.com/executor-estate-fees-much-paid/#:~:text=What%20are%20executor%20of%20estate,executor%20fee%20is%202%20percent (accessed April 16, 2026).

[6] MetLife. “Executor of Estate: What Do They Do?” MetLife.com. https://www.metlife.com/stories/legal/executor-of-estate/ (accessed April 16, 2026).

[7] Miura, Danielle. “Your client is the executor. Now what?” Insurancenewsnet.com. https://insurancenewsnet.com/innarticle/your-client-is-the-executor-now-what (accessed April 16, 2026).

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