What Does an Executor Actually Do? A Plain-Language Guide for New Jersey Families

Being named executor of someone’s estate feels like an honor until the paperwork arrives.

The role carries real legal responsibility, a defined set of tasks that must be completed in a specific order, and a timeline that does not pause for grief, family conflict, or the ordinary demands of the executor’s own life. For people who have never done it before, which is most people, the scope of the job comes as a surprise.

This guide explains what the executor role actually involves in New Jersey, what the legal obligations are, where the common mistakes happen, and when the job requires professional help.

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What does an executor do: the legal definition of the role

An executor is the person named in a will to carry out its instructions after the testator, the person who made the will, dies. In New Jersey, the executor is also sometimes called a personal representative, a term the statutes use for both executors and court-appointed administrators.

The executor does not inherit anything by virtue of holding the role, unless they are also named as a beneficiary in the will. An executor is a fiduciary, which means they are legally required to act in the best interests of the estate and its beneficiaries, not in their own interest. New Jersey does allow executors statutory commissions under N.J.S.A. 3B:18-14, 5 percent of the first $200,000 of the estate, 3.5 percent of the next $800,000, and 2 percent above $1,000,000, though many family executors who are also beneficiaries waive them.

That fiduciary duty has real consequences. An executor who makes decisions that benefit themselves at the estate’s expense, who fails to follow the will’s instructions, who mismanages estate assets, or who distributes assets incorrectly can be held personally liable. The role is not symbolic, and accepting it without understanding what it requires is one of the most common mistakes families make in the estate administration process.

The first steps: probate and letters testamentary

Before an executor can do anything official, the will must be admitted to probate. In New Jersey, probate is handled through the Surrogate’s Court in the county where the deceased person lived. The process of admitting a will to probate in New Jersey is relatively straightforward compared to many other states, but it is a required step before the executor has any legal authority to act on behalf of the estate.

To open probate, the executor brings the original will and a certified death certificate to the Surrogate’s Court and files the required paperwork. Once the will is admitted, the Surrogate issues Letters Testamentary. When there is no will, the Surrogate instead appoints an administrator and issues Letters of Administration. This document is the executor’s legal credential. It is what banks, financial institutions, real estate offices, and government agencies require before they will speak with the executor about the deceased person’s accounts or property.

The executor will need multiple certified copies of Letters Testamentary. Like death certificates, these are used by multiple institutions and are not returned. Request more than you think you will need.

Locating and securing estate assets

Once Letters Testamentary are in hand, the executor’s first substantive task is to locate and secure all assets belonging to the estate. This is more involved than it sounds, particularly when the deceased person managed their own finances and did not leave a clear record of what they owned.

The executor must identify every asset that is part of the probate estate. This includes bank accounts, investment accounts, retirement accounts that do not have a living beneficiary designation, real estate held in the deceased person’s name alone, vehicles, business interests, personal property of value, and any other asset that does not pass automatically by operation of law.

Assets that pass outside of probate, including jointly held accounts with right of survivorship, accounts with valid beneficiary designations, and assets held in a trust, do not fall under the executor’s authority. Those assets transfer directly to their designated recipients without going through the probate process. The executor’s authority covers only the probate estate.

The executor should open an estate bank account to hold funds that belong to the estate during the administration period. Commingling estate funds with personal funds is a fiduciary violation, even when done inadvertently.

Notifying creditors and handling debts

One of the executor’s obligations in New Jersey is to deal with the decedent’s creditors before paying beneficiaries. Under N.J.S.A. 3B:22-4, creditors must present their claims to the executor in writing and under oath within nine months of the date of death. An executor who waits out that period before distributing is protected: a creditor who did not present a claim within nine months cannot hold the executor liable for assets already properly paid out. Giving known creditors written notice of the death is still good practice.

The executor must review the claims that are presented, determine which are valid, and pay valid debts from estate assets before distributing anything to beneficiaries. Paying beneficiaries before paying valid creditors is a fiduciary violation for which the executor can be held personally liable.

The debts that must be addressed before distribution include funeral and burial expenses, costs of estate administration including attorney and accountant fees, taxes owed by the decedent or the estate, and valid creditor claims. When an estate cannot pay everything, N.J.S.A. 3B:22-2 sets the order in which these are paid, and the executor must follow it regardless of what the will says about distribution.

Filing taxes for the estate

The executor is responsible for filing all required tax returns during the administration period. This typically includes the deceased person’s final individual income tax return for the year of death, a fiduciary income tax return for the estate if the estate generates income during administration, a federal estate tax return if the estate exceeds the federal exemption, and New Jersey inheritance tax filings or waiver forms depending on who inherits.

New Jersey has had no estate tax for deaths on or after January 1, 2018, but it still imposes an inheritance tax based on who receives the property. Transfers to a spouse, children, stepchildren, grandchildren, and parents are exempt. Transfers to siblings and a child’s spouse are taxed at 11 to 16 percent after the first $25,000, and transfers to nieces, nephews, friends, and most others at 15 to 16 percent. Even when no tax is owed, New Jersey bank and brokerage accounts and real estate generally cannot be released or transferred without a tax waiver from the Division of Taxation. The federal estate tax applies only to estates above $15,000,000 for deaths in 2026. The executor should work with a CPA or estate attorney to determine what filings are required and what tax liabilities exist before distributing estate assets. Distributing the estate before tax obligations are addressed can leave the executor personally responsible for unpaid taxes.

Managing estate assets during administration

The administration period, the time between the decedent’s death and the final distribution of the estate, can last months or longer depending on the complexity of the estate. During that period, the executor has an ongoing obligation to manage estate assets prudently.

This means maintaining real estate, paying property taxes and insurance, managing investment accounts in a reasonable manner, and generally preserving the value of estate assets for the beneficiaries. An executor who allows estate property to deteriorate, who makes speculative investment decisions with estate funds, or who fails to address ongoing financial obligations can be held liable for the resulting losses.

The executor does not need to be a financial expert, but they do need to be attentive and organized. Larger or more complex estates often benefit from the executor working with a financial advisor or CPA during the administration period to make sure assets are being handled appropriately.

Distributing the estate to beneficiaries

Once debts are paid, taxes are filed, and the administration period is otherwise complete, the executor distributes the remaining estate assets to the beneficiaries named in the will. This is the step most people associate with the executor’s role, but it is the last step in a process that can take considerable time to reach.

The distribution must follow the will’s instructions precisely. If the will leaves specific assets to specific people, those assets go to those people. If the will leaves a percentage of the residuary estate to multiple beneficiaries, the executor calculates each share and distributes accordingly. Deviating from the will’s instructions, even with the beneficiaries’ consent, can create legal complications.

The executor should obtain receipts or signed acknowledgments from each beneficiary confirming that they received their distribution. In New Jersey, signed releases from adult beneficiaries can take the place of a formal court accounting. This documentation protects the executor in the event of a later dispute about what was distributed and when.

What executors get wrong

The most common executor mistakes in New Jersey follow predictable patterns.

Moving too fast. An executor who distributes assets before all debts and taxes are paid can be held personally responsible for those obligations.

Failing to keep records. Every financial transaction during the administration period should be documented. Under N.J.S.A. 3B:17-2, an executor can be required to settle a formal account in the Superior Court once a year has passed since appointment, and an executor who cannot produce records is in a difficult position.

Treating all assets as part of the probate estate. Assets with beneficiary designations or joint ownership pass outside the probate estate and are not the executor’s to distribute.

Making decisions under family pressure. The executor has a legal obligation to the estate and all of its beneficiaries, not to the loudest or most persistent family member. Acting on pressure rather than legal obligation is a fiduciary breach.

Waiting too long to involve an attorney. The executor does not need to be an attorney, but they do need legal guidance. Mistakes made early in the administration process can create problems that are expensive and time-consuming to correct later.

When the executor needs an attorney

The short answer is almost always. New Jersey estate administration involves court filings, creditor claims, tax returns, and asset transfers that have specific legal requirements. An executor who attempts to navigate the process without legal counsel risks making mistakes that expose them to personal liability or that delay the administration and cost the estate more in the long run.

An estate planning attorney can handle the probate filing, advise on creditor claims, coordinate with the estate’s accountant on tax filings, prepare the documents needed to transfer real estate and other titled assets, and guide the executor through the distribution process. The attorney’s fees are paid from estate assets, not out of the executor’s personal funds.

If the estate involves a trust, the executor and the trustee may be the same person or different people, and the administration of the trust runs parallel to but separately from the probate process. Understanding which assets are subject to the will and which are governed by the trust is a critical early step that benefits from legal guidance.

Plan Well. Live Better.

At Milvidskiy Law Group, we work with executors across New Jersey at every stage of the estate administration process, from the initial probate filing through the final distribution. If you have been named executor and are not sure where to start, or if you are in the middle of an administration that has become complicated, our probate and estate administration team can help you understand what needs to happen next.

This article is for informational purposes only and does not constitute legal advice. The New Jersey statutes and the federal and New Jersey tax rules described were verified in September 2026 and may change. Please consult a qualified estate planning attorney for guidance specific to your situation.