You don't have to
figure this out alone.

Not always. If the estate is small, the will is valid, and no one's contesting anything, you can often handle the paperwork yourself — most states allow that. But if there's real estate, a business, out-of-state assets, potential creditor disputes, or beneficiaries who don't get along, an attorney is worth it. Good news: attorney fees are paid from the estate, not out of your own pocket.

Yes. Every state lets executors take reasonable compensation, and most set a specific formula — usually 2% to 5% of the estate value, sometimes tiered by size. Family members often decline the fee, but the work is real — 100 to 400 hours typical. If you do take it, executor compensation counts as taxable income for you. Beneficiaries usually can't override what state law allows.

You can decline. The role is voluntary — no one can force you to serve. If you decline, the alternate named in the will takes over; if there's no alternate, the court appoints someone (usually a beneficiary or a professional administrator). Declining is more common than most people expect, especially for large or contested estates. There's no shame in it.

If the estate is simple — a valid will, no real estate, cooperative beneficiaries — you can close it in 4 to 6 months. Estates with property, business interests, or contested claims typically take 12 to 24 months. And if the estate is large enough to owe federal estate tax, you have a hard 9-month deadline to file Form 706, which drives the rest of your timeline.

In specific situations, yes. You're a fiduciary — that means you have to act in the estate's best interest, keep records, and treat every beneficiary fairly. The most common ways executors get sued: distributing assets before paying creditors, missing tax deadlines, self-dealing (like buying estate property at a discount), or losing valuable items without an inventory. Follow the standard checklist, keep every receipt, and you're protected.

Yes, and significantly. Every state has its own probate code, forms, notice requirements, and fee formulas. California, Texas, Florida, and New York each handle probate differently — deadlines, document formats, even the word for the role (executor vs. personal representative vs. administrator) can differ. If you're serving in a state you don't live in, an attorney licensed there is usually a must. See our state-by-state guide for specifics.

The estate is what's called "intestate," and state law decides who gets what — usually the spouse and children first, then more distant relatives if there isn't one. The court appoints an administrator (same role as an executor, different title). A family member often volunteers, but if no one steps forward, a professional administrator is appointed and paid from estate funds. The process looks a lot like a probated will — just longer, and with less flexibility on distributions.

Three things. Find the original signed will. Order 10 to 15 certified copies of the death certificate from the funeral home or state vital records office. And gather the deceased's important papers — bank statements, insurance policies, deeds, recent tax returns. Every step that comes next — filing probate, notifying institutions, paying debts — flows from having those documents in hand.