I’m an Executor. Now What?

December 30, 2025
Paramus Estate Planning

Being named as an executor of an estate is an honor—but it can also feel overwhelming. Many executors in New Jersey ask the same question after a loved one passes away: “I’m an executor. Now what?”

If you’ve recently been appointed executor (also called a personal representative), this guide explains what your role involves, the steps you must take, and when working with an experienced New Jersey estate planning and probate attorney can protect you from costly mistakes.

What Is an Executor?

An executor is the person named in a will to manage and settle the deceased person’s estate. In New Jersey, executors are legally responsible for carrying out the terms of the will and complying with probate laws.

Executors have a fiduciary duty, meaning you must act in the best interests of the estate and its beneficiaries. Failing to do so—intentionally or not—can lead to personal liability.

Step 1: Locate the Will and Death Certificate

Your first task is to:

  • Locate the original Will

  • Obtain multiple certified copies of the death certificate

In New Jersey, the original Will must be filed with the Surrogate’s Court in the county where the deceased resided (for example, Bergen County for Paramus residents).

Step 2: Probate the Will in New Jersey

Technically, there is no the executor until a court gives the executor authority to act.  Probate is the legal process for transferring a decedent’s assets, including verifying that the Will is valid and appointing an executor.

In New Jersey, probate is generally simpler than in many other states, but it still involves:

  • Filing the Will with the county Surrogate

  • Taking an oath as executor

  • Receiving Letters Testamentary, which allow you to access accounts and manage assets

An estate planning attorney can help ensure this step is completed correctly and efficiently.

Step 3: Notify Beneficiaries and Heirs

New Jersey law requires executors to:

  • Notify all beneficiaries named in the Will

  • Notify heirs who would inherit if no Will existed

This notice must be done within 60 days of probate. Missing this requirement can cause legal problems later.

Step 4: Identify and Secure Estate Assets

As executor, you must locate, safeguard, and value all estate assets, including:

  • Bank and investment accounts

  • Real estate

  • Personal property

  • Business interests

You may need to:

  • Open an estate bank account

  • Obtain date-of-death valuations

  • Maintain insurance on estate property

  • Obtain a tax identification number for the estate

Step 5: Pay Debts, Expenses, and Taxes

Before beneficiaries receive anything, the executor must pay:

  • Funeral expenses

  • Outstanding debts

  • Valid creditor claims

  • Estate administration costs

In New Jersey, executors must also consider:

  • New Jersey inheritance tax

  • Possible estate tax filings

  • Final income tax returns

  • Medicaid Estate Recovery, if applicable

Paying beneficiaries too early can make you personally liable if debts or taxes are later discovered.

Step 6: Distribute Assets According to the Will

Once debts and taxes are resolved, you can distribute assets as the Will directs. This must be done accurately and fairly, with clear documentation.

Executors are often required to provide an accounting showing:

  • Money received

  • Expenses paid

  • Distributions made

Step 7: Close the Estate

The final step is formally closing the estate, which may include:

  • Obtaining signed releases from beneficiaries

  • Filing final documents with the Surrogate’s Court

Only after this step are you officially released from your responsibilities.

Common Executor Mistakes to Avoid

Executors often run into trouble by:

  • Missing deadlines

  • Failing to keep records

  • Distributing assets too soon

  • Ignoring tax obligations

  • Trying to handle everything alone

  • Distributing assets other than as directed in the Will

Even well-intentioned executors can face disputes or liability without proper legal guidance.

Do Executors Get Paid in New Jersey?

Yes. New Jersey allows executors to receive statutory commissions, though the amount depends on the estate’s value and whether there are multiple executors. An attorney can help determine what compensation is appropriate and defensible.

When Should an Executor Contact an Estate Planning Attorney?

You should speak with an attorney if:

  • The estate is large or complex

  • There are family disputes

  • The will is unclear or contested

  • The estate includes real estate or a business

  • You want to minimize risk and stress

Working with an experienced Paramus estate planning and probate attorney can save time, prevent mistakes, and give you peace of mind.

Need Help as an Executor in New Jersey?

If you’ve been named executor and aren’t sure what to do next, the attorneys at Paramus Estate Planning can guide you through every step of the probate and estate administration process.

Contact us today to schedule a consultation and make sure you fulfill your duties correctly—and confidently.

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