Executor Responsibilities Checklist: What Happens in the First 90 Days of Estate Administration

Executor duties in the first 90 days include filing the will with the probate court, securing all estate assets, notifying financial institutions and government agencies, opening an estate bank account, tracking income and expenses, and preparing for required tax filings. Each of these steps carries legal weight, and missing a deadline can create complications for both you and the beneficiaries. Serving as an executor blends legal obligations with personal trust, and having a clear roadmap for those initial 90 days can make a meaningful difference in how smoothly the process goes.

Understanding the Executor’s Role in Estate Administration

An executor, sometimes called a personal representative or estate administrator, is the individual named in a will to manage the deceased person’s estate through the probate process. The role is a fiduciary one, meaning you are legally obligated to act in the best interest of the estate and its beneficiaries rather than your own. Executor duties range from safeguarding property and paying debts to filing tax returns and distributing assets in accordance with the terms of the will.

The scope of work varies depending on the size and complexity of the estate, but the first 90 days set the tone regardless. Decisions made during this period affect everything from tax outcomes to the timeline for final distribution. And because executors can be held personally liable for errors during probate, working with experienced advisors early on helps reduce that risk.

Immediate Steps to Take in the First 30 Days

Secure Important Documents

One of the first executor duties is gathering all necessary paperwork. Start with certified copies of the death certificate, as you will need multiple copies for banks, insurance companies, government agencies, and the probate court. Locate the original will along with any amendments, then compile records related to bank accounts, investment portfolios, insurance policies, retirement accounts, real estate deeds, vehicle titles, and any business interests.

File the Will With the Probate Court

Most states require the will to be filed within a specific window after the individual’s passing. That window varies significantly by state, ranging from as few as 10 days to several months. Filing initiates the legal process and, once approved, grants you the authority to act on behalf of the estate. Until the court confirms your appointment, you have limited ability to manage estate assets or make distributions.

Identify and Safeguard Estate Assets

Protecting the estate’s property is an immediate priority. Secure the decedent’s home, ensure valuables are stored safely, and if a business was involved, make arrangements for its continued operation or orderly wind-down. Many states require a formal inventory of assets to be filed with the court within 90 days of the executor’s appointment.

Notify Financial Institutions and Government Agencies

Contact banks, brokerage firms, and insurance companies to inform them of the death and to freeze or manage the relevant accounts. You will also need to notify the Social Security Administration, the U.S. Postal Service, and the Department of Motor Vehicles. Timely notification prevents unauthorized transactions and ensures survivors receive any benefits they are owed.

Financial and Tax Responsibilities in the First 90 Days

Establish an Estate Bank Account

Open a dedicated bank account in the name of the estate. You will need to apply for an Employer Identification Number (EIN) from the IRS to do so. All income owed to the decedent should be deposited into the estate account, and all estate-related expenses should be paid from it. Keeping estate funds separate from personal funds is critical for maintaining your fiduciary responsibility.

Track Income, Expenses, and Distributions

Maintain thorough records of every dollar that flows into and out of the estate. The probate court may require a formal accounting, and beneficiaries have the right to request one. Detailed record-keeping also protects you as the executor if any decisions are later questioned.

Prepare for Required Tax Filings

Executor duties include several potential tax obligations. A final individual income tax return (IRS Form 1040) must be filed for the period from January 1 through the date of death. If estate assets generate more than $600 in annual income after the date of death, a separate estate income tax return (IRS Form 1041) is also required. For larger estates, a federal estate tax return (IRS Form 706) may be necessary as well. If the decedent made taxable gifts during their lifetime that were not previously reported, a gift tax return (IRS Form 709) may also need to be filed.

Address Debts and Creditor Claims

Before any distributions can be made, the estate’s debts must be identified and paid in the legally prescribed order. Taxes and secured debts typically take priority, followed by unsecured obligations. Notify known creditors directly and publish a notice to unknown creditors as required by your state’s laws. Paying debts out of order or distributing assets before creditors have been satisfied can expose you to personal liability.

Navigate Estate Administration with Insero

Managing executor duties alongside your own daily responsibilities can feel like a second full-time job, and the stakes are high. Insero’s Estates and Trusts team helps trustees, executors, and business owners with these challenges. We provide fiduciary tax preparation, estate and gift tax planning, business succession guidance, and formal court accountings. Insero can develop income-tax-efficient strategies tailored to your specific situation, so you can fulfill your executor duties with confidence rather than guesswork.

If you are stepping into the role of executor and want experienced guidance from day one, contact Insero to schedule an appointment with our Estates and Trusts team.

Resources:

• https://www.irs.gov/individuals/responsibilities-of-an-estate-administrator
• https://www.americanbar.org/groups/real_property_trust_estate/resources/estate-planning/probate-process/
• https://www.ssa.gov/personal-record/when-someone-dies
• https://www.irs.gov/businesses/employer-identification-number
• www.irs.gov/forms-pubs/about-form-1040
• www.irs.gov/forms-pubs/about-form-1041
• www.irs.gov/forms-pubs/about-form-706
• www.irs.gov/forms-pubs/about-form-709