Executor Duties Explained: What You’re Legally Required To Do
An executor is the person chosen to make sure the wishes in a will are carried out. If you’ve been named as an executor, you take on important legal responsibilities. Your job is to follow the instructions in the will while also meeting the requirements of state law (a process referred to as probate). Executors often find themselves balancing paperwork, deadlines, financial management, and family dynamics, all while honoring the wishes of the person who has passed away. Below are the key duties you’re legally required to handle as the executor of a will.
Identify Assets and Send Notifications
The first responsibility of an executor is to locate, secure, and protect the decedent’s assets. Acting as the personal representative of the estate, you’ll gather property, bank accounts, investments, and other valuables to ensure they are not lost or mismanaged.
In Florida, the law requires you to file a complete inventory of these assets with the court within 60 days, which means you’ll need to act quickly. Missing deadlines can delay the probate process and even result in penalties.
You must also publish a notice of death, typically in a local newspaper, to notify potential creditors. This formal notice ensures that anyone who may be owed money can step forward and make a claim. Taking this step helps protect you from future disputes over unpaid debts.
Manage Assets Throughout the Probate Process
Throughout probate, you are also responsible for safeguarding and maintaining assets until the estate is settled. This may include tasks such as:
- Maintaining vacant properties to prevent vandalism or damage
- Paying necessary expenses like utilities, insurance, and property taxes
- Managing rental properties, which may include collecting rent, overseeing repairs, and communicating with tenants
If valuable personal items such as jewelry, vehicles, or collectibles are part of the estate, you are expected to keep them secure and insured. Executors often underestimate this responsibility; however, proper asset management is crucial to protecting the estate’s value until all assets are distributed to the rightful heirs.
Pay Debts, File Taxes, and Distribute Assets
After identifying creditors, your next responsibility is to pay or settle all outstanding debts using the estate’s assets. This may include mortgages, medical bills, personal loans, or credit card balances. Debts must be prioritized according to Florida law, which means certain obligations (such as funeral expenses or taxes) must be paid before others.
Once these obligations are resolved, you’ll distribute what remains to the heirs according to the instructions in the will. You’re also required to file the final tax returns, which cover the decedent’s income, estate income, and other financial details. When the taxes are filed and the assets are distributed, your role as executor is complete, and you have fulfilled your legal obligations.
The Bottom Line
Serving as an executor is a significant responsibility that can take months to complete and often requires many hours of careful work. With strict deadlines and legal requirements, the role can quickly become overwhelming, especially when multiple assets, creditors, or potential disputes are involved. The good news is you don’t have to handle it on your own. A knowledgeable probate attorney can guide you through every step of the process, making it easier to meet your obligations and carry out your loved one’s wishes with confidence.
Reach Out for Support
The Lyons Law Group, P.A., has been dedicated to real estate law since 2008. With offices in New Port Richey and Spring Hill, our team proudly serves clients throughout the region. We are here to provide the legal support you need to navigate the probate process successfully. To learn more about our services or to get started, contact The Lyons Law Group, P.A., today and schedule a free initial consultation.
