What Does an Executor do When Someone Dies?

A Practical Guide to the Executor’s Role in Alabama

If you have been named as the executor of a loved one’s estate, you may feel a mixture of honor and apprehension. The title comes with real responsibilities — legal, financial, and administrative — and the process of carrying out those responsibilities, known as probate, can span months or longer. This guide explains what an executor actually does, what fiduciary duties the role imposes, and why working with an experienced probate attorney is one of the most valuable decisions you can make as you take on this responsibility. 

What Is an Executor and How Is One Named?

An executor (sometimes called a personal representative in modern legal usage) is the individual named in a person’s Last Will and Testament to carry out the instructions contained in the will and to manage the legal process of transferring the deceased person’s assets to their heirs and beneficiaries. When a person dies with a valid will in place, the executor identified in that document takes on the role upon the person’s death.

If no will exists, or if the named executor is unable or unwilling to serve, the Alabama probate court will appoint an administrator to perform the same essential functions. For purposes of this guide, we use the term “executor” to refer to either role.

Serving as executor is a significant legal responsibility. The executor acts as a fiduciary, meaning they are legally obligated to act in the best interests of the estate and its beneficiaries, not in their own personal interest. Breaching this fiduciary duty can expose the executor to personal liability. Because the stakes are high, understanding the full scope of the role before you accept it is important. Consulting with an Alabama probate and estate attorney at the outset can help you assess what you are taking on and how best to proceed.

Step 1: Obtain the Death Certificate

The executor’s first practical task is obtaining certified copies of the death certificate. You will need multiple copies, not just one. Banks, financial institutions, government agencies, insurance companies, and the probate court will each typically require their own certified copy before taking action on estate-related requests. In most cases, you should obtain at least six to eight certified copies at the time of death to avoid delays as you work through the various steps of estate administration.

Step 2: Locate and File the Will

Once you have the death certificates in hand, your next step is to locate the original will and file it with the appropriate Alabama Probate Court. In Alabama, probate cases are handled by the Probate Court of the county in which the deceased person lived at the time of their death.

Filing the will initiates the probate process, sometimes referred to as “opening an estate.” Through probate, the deceased person’s assets are formally identified, debts are paid, and remaining property is legally transferred to the heirs and beneficiaries named in the will. This is the only mechanism by which the court formally recognizes your authority to act on behalf of the estate.

Once the will is filed and accepted by the court, you will receive a document called Letters Testamentary (or Letters of Administration if you were appointed without a will). This document is your legal credential — it proves to banks, financial institutions, and others that you have the court-recognized authority to act on behalf of the estate. Without it, most institutions will not speak with you about the decedent’s accounts.

Step 3: Create an Inventory of the Estate

One of the executor’s most time-consuming early tasks is creating a comprehensive inventory of the estate’s assets and liabilities. On the asset side, this includes real property such as land and the family home; bank and investment accounts; vehicles; personal property of value such as jewelry, artwork, and collectibles; and interests in businesses or partnerships. On the liability side, you must identify all outstanding debts, including mortgages, car loans, credit card balances, medical bills, and any other obligations the deceased person carried at death.

This inventory process requires coordination with multiple professionals. You may need to work with the deceased’s bank, investment advisor, accountant, insurance agent, and attorney to compile a complete picture of the estate. If real property is involved, a formal appraisal may be necessary to establish fair market value for distribution or tax purposes.

If the will requires an inventory to be filed with the court — not all wills do — Alabama law requires that it be submitted within two months of the estate being opened. Missing this deadline can create complications in the administration process. An Alabama estate planning attorney familiar with probate practice can keep you on track with these deadlines.

Step 4: Open an Estate Bank Account

Before paying any estate-related bills or receiving funds on behalf of the estate, you must open a dedicated estate bank account. This account is separate from your personal accounts and from any accounts the deceased person held individually. All money flowing into and out of the estate — whether from asset liquidations, incoming estate income, or payments to creditors — should pass through this account.

Maintaining a clear separation between your personal finances and estate funds is not just good practice; it is a fiduciary obligation. Commingling estate funds with your own money is a form of breach of fiduciary duty and can expose you to personal liability.

Step 5: Notify and Pay Creditors

Once the estate is opened, you are required to provide formal notice to the deceased person’s creditors of the death. In Alabama, creditors have six months from the date the estate is opened to file a claim against the estate. Claims submitted after this period are generally barred, and you are not required to pay them from estate funds.

During the six-month creditor claim period, you should gather all valid claims and evaluate them with the assistance of your attorney. Not every claim presented against an estate is legitimate or enforceable. Once you have confirmed the valid debts, they are paid from the estate bank account in the order of priority established by Alabama law. Estate administration expenses and certain taxes are generally paid before other creditors.

Step 6: Handle Estate Tax Obligations

A separate and often overlooked executor duty is filing any required tax returns on behalf of the estate. This may include a final individual income tax return for the deceased person covering the period up to the date of death, and a separate estate income tax return if the estate generates income during the administration period. For larger estates, a federal estate tax return may also be required, though federal estate tax only applies to estates that exceed the federal exemption threshold, which is currently very high. Tax compliance during estate administration requires coordination with a qualified accountant or tax professional and should not be handled without expert guidance.

Step 7: Distribute Assets to Beneficiaries

After the creditors have been paid and tax obligations satisfied, you are authorized to distribute the remaining estate assets to the beneficiaries named in the will. Distributions should be made in strict accordance with the terms of the will, and you should document each distribution carefully. If disputes arise among beneficiaries about the interpretation of the will or the fairness of the distribution, those disputes must be resolved through the probate court. For beneficiaries who are minors or who have special needs, distributions may need to be structured through a trust or held in a court-approved custodial arrangement rather than being transferred outright.

The Executor’s Compensation and the Value of Legal Counsel

Alabama law allows executors to receive compensation for their services. The amount is subject to court approval and is generally based on the size and complexity of the estate. While the executor may technically handle the administration process without an attorney, the legal, tax, and procedural complexities involved make professional guidance strongly advisable.

Working with an Alabama will attorney reduces your personal liability risk, keeps the administration on schedule, and ensures that the estate is handled in full compliance with Alabama law. Attorney fees for estate administration are paid from the estate itself, not from the executor’s personal funds, making professional assistance financially accessible even for modest estates.

The Harris Firm assists executors and families throughout Alabama with the full probate and estate administration process, from opening the estate through final distribution. Our Alabama family law and probate attorneys are available to guide you every step of the way. If you have recently lost a loved one or been named as an executor and need guidance on next steps, contact our office at (205) 201-1789. We are here to help you fulfill this important responsibility with confidence.

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