If you recently got the call that you’ve been named the executor of someone’s estate and aren’t sure what to do next, you’re not alone. Many people find themselves unexpectedly in this position after a loved one passes away. Serving as an executor is an important role — and one that comes with serious legal and financial responsibility. Here are four essential steps to take before you move forward.
The first and most critical step is finding the original will. Probate courts require the original document — not a copy — to verify the deceased person’s intentions and officially appoint you as the executor. This document may be stored at the person’s home, with their attorney, or in a safe deposit box. Without it, the probate process can be delayed, and the court may have to rely on state intestacy laws instead.
If the deceased worked with an estate planning law firm, reach out to them right away. The firm’s attorneys can explain how the estate plan was structured and what next steps apply to this specific situation. Every estate is different, so avoid relying on generic online advice or random legal sources. A local attorney familiar with the decedent’s documents and state laws can help streamline the process and reduce stress during an already emotional time.
As the executor, your job is to settle the estate — meaning you identify assets, pay final debts, and ultimately distribute what remains to the beneficiaries. To do this correctly, you’ll need a clear picture of the estate’s finances. Start gathering details about bank accounts, property, insurance policies, credit cards, loans, and any ongoing bills. Good recordkeeping early on will make it easier to handle creditor claims and prevent mistakes later.
Finally, before taking action, consult with a probate attorney. Executors have a fiduciary duty to act in the estate’s best interests, and mistakes can result in personal liability. For example, if you pay a creditor who wasn’t actually owed money or distribute funds before all debts are settled, you could be held financially responsible. A probate lawyer can guide you through complex rules, help you file court paperwork correctly, and ensure you avoid costly errors.
Being appointed executor can feel overwhelming, but you don’t have to navigate it alone. By following these steps — locating the will, confirming details with the drafting attorney, organizing financial information, and working with an experienced probate lawyer — you’ll be better equipped to handle the responsibility confidently and correctly.
At Cary Estate Planning, our personalized approach means we take the time to understand your specific situation and the unique needs of the estate you’re administering. We begin with a complimentary Discovery Call to ensure we’re the right fit, followed by an Initial Strategy Meeting with one of our attorneys to discuss your options and provide pricing tailored to your circumstances.
Ready to get help with your executor duties? Contact our team today to speak with one of our probate attorneys.
Ready to get started? Call our office at 919-659-8433 for a free discovery call and initial attorney consultation.
Or directly schedule a free discovery call at your convenience: calendly.com/caryep/discovery-call-get-started-cep-blog
Paul Yokabitus is the CEO and Managing Partner of Cary Estate Planning, a Cary, NC, estate planning law firm. With years of experience in estate and elder law, he has zealously represented clients in various legal matters, including estate planning, guardianship, Medicaid planning, estate administration, and other cases.
Paul received his Juris Doctor from the Campbell University School of Law and is a North Carolina Bar Association member. He has received numerous accolades for his work, including being named among the “Best Attorney in Cary” in 2016 and 2017 by Cary News and Rising Star in 2020-2023 by Super Lawyers.