October 2026
What Should an Executor Do First?
An executor's first real job isn't managing the estate — it's getting the legal authority to act on its behalf, which has to happen before almost anything else.
What's the very first thing an executor needs to do?
Locate the will (if one exists) and file it with the local probate court to be formally appointed — until a court issues what's typically called "letters testamentary" (naming varies by state), an executor generally has no legal authority to access accounts, sell property, or act on the estate's behalf, even if they're named in the will. Being named executor in a document is not the same as having the legal power to act as one yet.
What should happen before the court appointment, if anything?
Practical, non-legal steps that don't require formal authority: securing the deceased's property (locks, valuables, pets), obtaining several certified copies of the death certificate (institutions almost always want originals, not photocopies), and starting to locate financial records, insurance policies, and account information so the picture of the estate starts forming even before formal authority is granted.
Once appointed, what comes next?
Roughly in order: notify banks, investment firms, and other institutions of the death; identify and inventory the estate's assets and debts; open an estate bank account if the estate will hold funds; notify beneficiaries named in the will; and begin the process of paying the deceased's outstanding debts and final taxes from estate funds before any distribution to heirs.
What's the most common mistake new executors make?
Distributing assets to heirs before debts, taxes, and claims against the estate are resolved. An executor can become personally liable for distributing estate assets too early if a legitimate creditor claim or tax obligation surfaces afterward and there's nothing left to pay it — this is one of the more consequential mistakes and part of why formal probate procedure exists in the first place, tedious as it can feel.
Do I need a lawyer to do this?
Not always — some estates are simple enough (few assets, no disputes, clear will) to handle without one, and many states have simplified procedures for small estates. Estates with real property in multiple states, business interests, disputes among heirs, or significant debt are the cases where a probate attorney's involvement meaningfully reduces risk. When in doubt, at minimum a consultation with a probate attorney in the relevant state is worth the cost relative to the personal liability an executor can carry.
Where can I find state-specific guidance?
Your state's probate court website (often the county-level court that handles probate) is the authoritative source for filing requirements and forms — procedures differ enough between states that general guidance, including this post, shouldn't be treated as a substitute for checking your specific state's process.
If the deceased used Dad Is Dead, the executor or named custodian gets access to an organized record of accounts, documents, and instructions as soon as the check-in system confirms they're gone — a real head start on the inventory step above.
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