How to Become an Executor of an Estate
Figures verified November 9, 2026 against Massachusetts General Laws c. 190B, § 3-203: priority for appointment (Uniform Probate Code § 3-203) · Update log
Short answer
Being named in a will isn't enough. To become an executor you file the will and a petition with the probate court in the county where the person lived, and the court appoints you and issues letters testamentary, the document that proves your authority.
If there is no will, the court appoints an administrator, usually the surviving spouse first and then the other heirs. You can decline either role by filing a written renunciation.
How to become executor, step by step
- Find the original will. Courts generally require the original, not a copy. Check the person's papers, safe deposit box and their lawyer's office.
- Order certified death certificates. The court needs one, and so will every bank.
- Find the right court. It is the probate court (called surrogate's, orphans' or chancery court in some states) for the county where the person lived. Our letters testamentary guide lists the court and the official forms for every state.
- File the petition. It lists the heirs and beneficiaries and a rough value of the estate, and you pay the filing fee. Some states let you file online.
- Give notice. Heirs and beneficiaries get notice of the petition, and in many states you publish a notice in a local newspaper.
- Post bond if required. Many wills waive it. If not, you buy a bond and the estate pays the premium.
- Take the oath and receive letters. Order several certified copies; banks and brokers each keep one.
Once appointed, get an EIN and estate bank account, file Form 56 with the IRS and work through the executor checklist.
If there is no will
The court appoints an administrator, who has the same duties as an executor. In the states that follow the Uniform Probate Code, priority goes in this order, as in Massachusetts:
- The person named in a probated will.
- A surviving spouse who inherits under the will.
- Other people who inherit under the will.
- The surviving spouse.
- Other heirs.
A person with priority can nominate someone else to serve instead. If two people share a priority, such as several adult children, the others can agree in writing to one of them serving.
Who can serve
An executor must be an adult who is able to do the job. Each state lists who is disqualified. Florida's list is typical: a person can't serve if they are under 18, have been convicted of a felony or of abusing, neglecting or exploiting an elderly or disabled adult, or are mentally or physically unable to do the work. Some states add limits on executors who live in another state.
If you don't want the job
Nobody is required to serve. Before you are appointed, file a written renunciation (some courts call it a declination) with the probate court. The alternate executor named in the will, or the next person in priority, can then petition. Massachusetts's version of the rule says anyone may renounce the right to be appointed or to nominate someone by a writing filed with the court.
After you are appointed, you need the court's permission to resign, and you must account for what you handled.
When no executor is needed
If everything passed by beneficiary designation, joint ownership, a trust or a transfer on death deed, there may be nothing for an executor to do. A small estate can often be collected with a small estate affidavit instead. See when probate is required.
Optional: get help filing
Get a flat-fee quote for the estate's tax returns
The final Form 1040, the estate's Form 1041 and any state return are the parts executors most often hand off. Leave your email and the rough estate size, and a CPA or Enrolled Agent who prepares estate returns will reply with a fixed price. Free, and no obligation.
Frequently asked questions
Does being named in a will make you the executor?
No. The will nominates you, but you have no authority until the probate court appoints you and issues letters testamentary. Until then, banks and the IRS won't deal with you on the estate's behalf.
How long does it take to become an executor?
From a few weeks to a few months after you file, depending on the court's backlog, whether notice has to be given to heirs first and whether anyone objects. Uncontested cases in many states are handled on the papers without a hearing.
Can I become executor if there is no will?
The court appoints an administrator instead, who does the same job. The surviving spouse usually has first priority, then the other heirs. Ask the probate court for the petition for letters of administration.
Do I need a lawyer to become an executor?
Most states let you file the petition yourself, and many courts publish the forms and self-help guides. A lawyer is worth it if the will is contested, the estate is insolvent, or there is real estate in another state.
Can an executor live in another state?
Often yes, but some states restrict out-of-state executors, for example by requiring a bond, a local agent to accept legal papers, or a close family relationship. Check your probate court's rules before you file.
Can I refuse to be an executor?
Yes. Nobody has to serve. File a written renunciation or declination with the probate court, and the alternate named in the will, or the next person in priority, can be appointed. Once you have been appointed, you need the court's permission to resign.
Sources
This information is provided for educational purposes only and should not be considered legal or tax advice. Consult a qualified tax professional for guidance specific to your situation.