Being named the executor of someone’s estate is an honor. It’s also a job, and often a bigger one than people expect. Most executors are grieving family members or close friends who agreed to take on the role years ago without really knowing what it would involve.
Our friends at The Werner Law Firm, PC. discuss what executors can expect once a loved one’s estate enters probate. Working with a knowledgeable probate lawyer can help you avoid missteps that slow things down or create problems you’ll have to fix later. Over the years, we’ve noticed the same handful of mistakes come up again and again. Here are the ones worth watching for.
Handing Out Property Too Soon
We completely understand the impulse. A sibling wants Mom’s jewelry. A grandchild asks about the car. Everyone’s emotional, and saying yes feels kind.
But distributing assets before debts, taxes, and expenses are settled can put the executor in a difficult spot. If a creditor comes forward later and the money is gone, the executor may be personally responsible for the shortfall. It’s almost always better to wait until the court and the process allow distributions.
Mixing Estate Money With Personal Funds
This one sounds obvious. Yet it happens constantly, usually with good intentions. An executor pays the estate’s utility bill from their own checking account, or deposits a refund check into their personal savings “just for now.”
Estate funds should stay separate. Opening a dedicated estate bank account keeps things clean, makes accounting far easier, and protects you if a beneficiary ever questions how money was handled.
Not Keeping Good Records
Executors are accountable to the court and to the beneficiaries. That means you may need to show exactly what came in, what went out, and why. Records worth keeping include:
- Bank statements for the estate account
- Receipts for every expense paid
- Appraisals and valuations of property
- Correspondence with creditors and beneficiaries
- Court filings and notices
A simple folder or spreadsheet started on day one can save you hours of reconstruction later. And it gives everyone involved more confidence in the process.
Going Quiet With the Family
Silence breeds suspicion. Even when an executor is doing everything right, beneficiaries who don’t hear anything for months may start to assume the worst. We’ve seen perfectly reasonable delays turn into family disputes simply because nobody explained what was happening.
You don’t need to send daily updates. But periodic, honest communication about where things stand goes a long way toward keeping relationships intact.
Overlooking Assets or Deadlines
Probate comes with deadlines for filing documents, notifying creditors, and responding to claims. Missing one can stall the case or create avoidable complications.
Assets can slip through the cracks, too. Old retirement accounts, forgotten safe deposit boxes, digital accounts, and small parcels of property are easy to miss. A thorough search early in the process prevents surprises near the end, when everyone thought the estate was nearly closed.
Selling Property Without Proper Authority
An executor may eventually need to sell a house, a car, or investments. Depending on the circumstances, that sale might require court approval or notice to beneficiaries first. Selling without the right authority can lead to objections, delays, or even an undone transaction. Before listing anything, it’s wise to confirm what permissions are needed.
Trying to Handle Everything Alone
Many executors feel like asking for help means they’ve failed. It doesn’t. Probate involves legal procedures, tax questions, and financial decisions that most people simply haven’t dealt with before. Getting guidance isn’t a sign of weakness. It’s part of doing the job responsibly.
Taking the Next Step
Serving as an executor is a meaningful way to honor someone you cared about, and nobody expects you to know everything on the first day. A little preparation and the right support can make the process smoother for you and for the entire family. If you’ve been named an executor and have questions about your responsibilities, we encourage you to connect with an attorney who can guide you through each stage with clarity and care.
Talk to our team today
Tell us where things stand and we will explain the next steps.
Garrett, Walker, Aycoth & Olson, Attorneys at Law
317 South Greene St, Greensboro, NC 27401
(336) 379-0539
This article explains North Carolina law in general terms. It is not legal advice about your case, and laws, penalties and court procedures change. Contact an attorney about your specific situation.