You’ve Been Named Executor. Now What the Hell Do You Do?
First Off—Breathe.
Getting named as the executor of someone’s estate can bring on a weird mix of emotions: grief, responsibility, confusion, maybe even panic. Whether it’s your parent, sibling, close friend, or someone else who trusted you, it’s a big deal. And if you’ve never done this before (most people haven’t), you might feel like you’ve been handed the keys to a car without being told where to drive it—or even how to start it.
Let’s get one thing straight: you don’t have to know everything. You don’t have to go it alone. But you are legally responsible for getting things handled. This guide is here to help you do exactly that.
What Is an Executor and What Do They Do?
In plain English, the executor is the person appointed to settle someone’s estate after they die. Your role includes:
Filing paperwork with the probate court
Managing assets and financial accounts
Paying off any debts and final expenses
Distributing property to the rightful heirs or beneficiaries
You’re not expected to be a superhero. You’re more like a project manager for someone’s final checklist—and yes, that checklist can get messy.
Even though the probate court oversees the process, it doesn’t walk you through it step-by-step. That’s where having a probate attorney comes in. Think of a lawyer like your GPS: you still have to drive, but they’ll help you avoid wrong turns and legal potholes.
How to Get Started as an Executor
1. Get Officially Appointed by the Court
Being named in the will is only the first step. You’ll need to be formally appointed by the probate court before you can do anything on behalf of the estate. After that, you’ll receive legal authority—usually in the form of Letters Testamentary or a similar court-issued document.
2. Secure the Estate’s Assets
This means locking up the house, safeguarding valuables, and tracking down key documents like insurance policies, financial records, and the original will. You’ll also want multiple certified copies of the death certificate. (Seriously—get more than you think you need.)
3. Create a Comprehensive Inventory
Your job includes identifying what the deceased person owned and what they owed. This can include:
Real estate
Vehicles
Bank accounts
Retirement or investment accounts
Credit card balances
Medical bills
Personal loans
Even if your court doesn’t require a formal inventory, having a complete list helps avoid major headaches down the line.
Paying Debts and Managing the Estate’s Finances
Before you start handing out heirlooms or transferring funds, you need to settle any outstanding debts and expenses. These might include:
Funeral costs
Final medical bills
Mortgage payments
Credit card balances
Taxes
Important: If the estate doesn’t have enough money to pay everything, stop right there. There’s a legal order of priority for who gets paid first. Getting that wrong can put you personally on the hook. Don’t guess—ask for help.
Also, don’t use your personal bank account to pay estate expenses. You’ll need to open a separate estate account to keep everything clean, trackable, and legally compliant.
Distributing the Estate to Heirs or Beneficiaries
Once debts and taxes are settled—and the court has signed off—you can start distributing what’s left to the heirs listed in the will. This might include:
Transferring real estate titles
Closing and disbursing financial accounts
Distributing personal property
Keep detailed records. Every check, every transfer, every signature. These records are your receipts if anyone ever questions where something went.
Wrapping Things Up with the Probate Court
Once everything has been distributed, you’ll likely need to file a final accounting or report with the court. Depending on your state’s laws, this might be a simple form or a full breakdown of everything you did.
Once the court accepts it, your job is officially done.
Executor Tips That Can Save You Stress
From one executor to another, here’s what I wish more people knew:
Give yourself grace. This isn’t something anyone’s born knowing how to do.
Keep accounts separate. Your money and the estate’s money should never mix.
Ask questions. Don’t be afraid to check in with an attorney or CPA—even for things that feel small.
Don’t wait for disaster to get help. It’s easier to prevent problems than to untangle them later.
Need Help Navigating Probate in Nebraska?
If you’ve just been named the executor of an estate and feel overwhelmed by the probate process, you’re not alone. At Zachary W. Anderson Law, we help executors throughout Nebraska handle every step of estate administration—from court filings to final distributions—with clarity, compassion, and confidence.
You don’t need to have all the answers. You just need someone in your corner who does. Contact us at zach@zandersonlaw.com or 402-259-0059.