All Laws Decoded

What Is an Executor?

An executor is the person named in a will and appointed by the court to settle the estate of someone who died: gathering assets, paying valid debts and taxes, and distributing what is left. If there is no will, the court appoints an administrator instead. Both are often called the personal representative.

What the law says

How to file a complaint

An executor is not official until the probate court appoints them. The person named in the will (or a family member if there is no will) files a petition with the probate court in the county where the person lived; your state court's self-help pages list the forms. California Courts Self-Help, Formal probate

FAQ

Do I have to pay the deceased person's debts myself?
Usually not. Debts are paid from the estate, not from the executor's or family members' own money, with exceptions such as cosigners and some state laws for spouses.
What if there is no will?
The court appoints an administrator (also called a personal representative) to settle the estate, and state law decides who inherits.
Does being named in a will make me the executor?
Not by itself. The executor is the person named in the will and appointed by the court.
Does the estate owe federal estate tax?
Only very large estates. A federal estate tax return is required for 2026 deaths only if the gross estate exceeds $15,000,000.

Related

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.