The Estate Reality Series — Part 2
What Nobody Tells You When You Become an Executor
The call comes, and then a few days later, someone hands you a piece of paper that says you're the executor of the estate.
Maybe you expected it. Maybe you didn't. Either way, nobody hands you a manual.
What follows is a role that combines the emotional weight of grief with the practical demands of a part-time job you never applied for — one that involves courts, banks, tax returns, creditors, and family members who all have opinions about how things should go.
Here's what most people don't find out until they're already in it.
You have legal authority — but nobody will just take your word for it
Being named executor in a will gives you authority once the court recognizes it. Until then, you're just a person with a piece of paper. To actually act on behalf of the estate — access accounts, manage property, communicate with institutions — you typically need “Letters Testamentary,” a document issued by the probate court after the will is filed.
Banks won't talk to you without it. Financial institutions won't release account information. Real estate can't be transferred.
Getting there takes time. Weeks, sometimes months. Meanwhile the estate's bills don't pause.
What this means practically: The first week is mostly about getting the paperwork moving, not making decisions. File the will with the probate court as early as possible.
The accounts you can't find are as important as the ones you can
Most executors start by looking through files and statements. But the financial life of most adults is spread across dozens of institutions — old 401(k)s from jobs held twenty years ago, savings accounts opened for a specific purpose, investment accounts at firms nobody in the family recognized.
Tracking down assets that nobody documented is one of the most time-consuming parts of estate settlement. And the assets you can't find are still part of the estate — missing them means the beneficiaries don't receive what they were meant to.
In one estate I was involved in settling, we discovered accounts that hadn't appeared in any files we could find — only surfacing because of mail that arrived months after the death. That's not unusual. It's actually common.
What this means practically: A documented asset inventory — maintained before death, not assembled after — is one of the most valuable things a person can leave behind.
Not everything goes through the will
This surprises many executors. A will controls assets held in the deceased person's name alone. But a significant portion of most estates passes outside the will entirely:
- Retirement accounts (IRAs, 401(k)s) go directly to named beneficiaries
- Life insurance proceeds go to named beneficiaries
- Joint bank accounts pass to the surviving account holder
- Assets held in a trust are governed by the trust, not the will
This means that even a detailed, carefully written will may only control a fraction of the estate's total value. It also means that outdated beneficiary designations — an ex-spouse still listed on a retirement account, for example — can override the will entirely.
What this means practically: Review beneficiary designations regularly. They matter more than most people realize.
Estate taxes have deadlines that don't care about your grief
If the estate is large enough to trigger federal or state estate taxes, the returns have hard deadlines — generally nine months from the date of death, with a possible six-month extension. Missing these deadlines means penalties and interest.
Executors who aren't experienced with estate tax often don't realize the exposure until they're already close to the deadline. And assembling the information required for a federal estate tax return (Form 706) is genuinely complex — it requires valuations of every asset as of the date of death.
What this means practically: If there's any possibility of estate tax exposure, engage a CPA experienced in estate tax within the first few weeks. Don't wait.
The family dynamics are their own full-time job
Nobody talks about this part. The legal and financial process is hard enough. But executors also have to manage communication with beneficiaries who are grieving, may have different expectations, and may have complicated relationships with each other and with the deceased.
Information vacuums breed conflict. When beneficiaries don't hear anything, they assume the worst. When one sibling seems to have more information than another, resentment builds. When distributions are delayed — even for completely legitimate legal reasons — it can feel like something is being withheld.
Regular, transparent communication from the executor to all beneficiaries is one of the simplest things that prevents family conflict during estate settlement. It's also one of the things most executors don't think to prioritize.
What this means practically: Overcommunicate. Even a brief update that says “nothing has changed, here's where we are in the process” is better than silence.
You can be reimbursed — but keep records of everything
Executors are typically entitled to reasonable compensation from the estate. More immediately, any out-of-pocket expenses you incur while managing the estate — travel, postage, copies, professional fees you pay on behalf of the estate — are reimbursable.
But “reimbursable” only works if you documented it. Keep receipts. Keep a log of your time. Keep records of every action you take on behalf of the estate.
This protects you legally and practically, especially if beneficiaries later question how the estate was managed.
What would have made it easier
Looking back at estate settlements I've been part of — as someone who's been through it — the single thing that would have changed everything was a document that answered the first questions:
Where is the will? Who are the advisors? What accounts exist? Where are the passwords? What did they want for the funeral?
Not a legal document. Not a formal filing. Just a clear, organized record of the things the executor needs to find in the first 72 hours.
Most people don't leave one. EmberKeep exists to change that.
The 72 hours after a death shouldn't be a scavenger hunt
EmberKeep helps you build a secure vault of everything your family needs to know — so when the time comes, they have a roadmap instead of a scavenger hunt.
Start your estate vault