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
- An executor is a person named in a will and appointed by the court to carry out the dead person's wishes. California Courts Self-Help, Wills and estates terms
- When there is no will, the court may appoint an administrator, personal representative, or universal successor to settle the estate. FTC, Debts and Deceased Relatives
- Personal representative is the general term for the administrator or executor the court appoints to manage the estate. California Courts Self-Help, Wills and estates terms
- The personal representative handles the estate's assets and debts: contacting heirs and creditors, taking inventory, paying taxes and debts, and distributing what remains. Utah State Courts Self-Help, Probate
- The executor is responsible for settling the deceased person's debts, which are paid from the estate. FTC, Debts and Deceased Relatives
- Family members usually don't have to pay a deceased relative's debts from their own money; if the estate can't cover a debt, it usually goes unpaid. FTC, Debts and Deceased Relatives
- Serving as executor or administrator does not make you personally responsible for the deceased person's debts; you use estate assets to pay them. CFPB, Does a person's debt go away when they die?
- Debt collectors may not discuss a deceased person's debts with anyone other than the executor, administrator, or other person with authority to pay from the estate. FTC, Debts and Deceased Relatives
- A federal estate tax return is required only when the gross estate (plus certain taxable gifts) exceeds the filing threshold: $13,990,000 for deaths in 2025 and $15,000,000 for deaths in 2026. IRS, Estate Tax
- Specific duties and deadlines, such as notice to creditors and inventories, are set by state law and court rules. California Courts Self-Help, Formal probate
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?
What if there is no will?
Does being named in a will make me the executor?
Does the estate owe federal estate tax?
Related
- Do I Need a Lawyer to Make a Will?
- How Much Does a Probate Lawyer Cost?
- How to Make a Will
- What Is a Durable Power of Attorney?
- What Is a Living Trust?
- What Is a Medical Power of Attorney?
- What Is a Power of Attorney?
- What Is a Quitclaim Deed?
- What Is Probate?
- Will vs. Trust: What's the Difference?
- Wills, Estates & Deeds by state
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.