If you become the executor of an estate, while the final decision on matters may rest on your shoulders – it doesn’t mean you’re on your own.
In all likelihood, you may serve as an executor a few times in your life; you’re probably not doing it professionally. So it’s crucial to surround yourself with people who can advise you on the process, as well as best practices concerning the law, taxes, and more.
Being named the executor (or “Personal Representative”) is a fiduciary role, meaning you are legally required to act in the best financial interest of the estate and its beneficiaries. While the complexity depends entirely on the size and nature of your the estate’s assets, you will likely need to engage with three main types of professionals.
Here are the professionals you need to engage, why they are necessary, and when you should hire them.
This is often the most critical professional you will hire, as they guide you through the mandatory legal process of probate (if necessary) and help you avoid personal liability.
| What They Do | When You Need Them | Why They Are Essential |
| Probate Filing: Prepare and file all the necessary petitions and documents with the appropriate state probate court to get you officially appointed as executor. | Immediately after the death and locating the Will. | Ensures all legal deadlines are met and the Will is validated, giving you the legal authority (Letters Testamentary) to act on behalf of the estate. |
| Debt & Creditor Management: Advise on state-specific requirements for notifying creditors and the proper legal order for paying debts and claims against the estate. | Early in the process | Prevents you from paying the wrong debt at the wrong time, which could make you personally liable to creditors or beneficiaries. |
| Asset Transfer: Oversee the legal transfer of titled assets (like real estate and cars) from the estate’s name to the names of the beneficiaries. | Mid-to-late in the process | Guarantees compliance with local real estate law and provides clear legal title to the heirs. |
| Dispute Resolution: Act as a neutral third party and legal counsel to mediate or litigate any disputes that arise among beneficiaries or creditors. | Any time a conflict arises | Protects you from family conflict and ensures you fulfill your fiduciary duty impartially. |
The estate is a separate legal and tax entity, and it has its own tax responsibilities separate from the deceased’s final personal tax return.
| What They Do | When You Need Them | Why They Are Essential |
| Final Personal Tax Return: Prepare and file the deceased’s final Form 1040 for the year of their death. | Immediately to gather documents. Filing is due on the normal tax deadline. | Ensures accurate reporting of income earned up to the date of death. |
| Estate Income Tax Return: Determine if the estate needs to file a separate tax return (Form 1041 for Fiduciary Income Tax) on any income the estate earned after death (e.g., rental income, investment dividends). | Mid-process and prior to distribution | Required if the estate generates significant income. They can help select the estate’s tax year to minimize taxes. |
| Estate Tax Return (Federal/State): Determine if the estate is large enough to require filing a Federal Estate Tax Return (Form 706) and/or a state estate or inheritance tax return. | Early in the process | Even if no tax is due federally, a Form 706 may be required for the portability of the deceased spouse’s exemption. State rules vary widely and often have much lower thresholds. |
| Tax Planning for Beneficiaries: Advise you on how distributions (especially from IRAs/401(k)s) affect the beneficiaries’ tax liability. | Before making distributions | Helps you coordinate tax-advantaged distributions and ensures required minimum distribution (RMD) rules are followed. |
You may need to hire professionals to formally establish the value of non-liquid assets for tax, distribution, and probate purposes.
| Professional | What They Do | When You Need Them | Why They Are Essential |
| Real Estate Appraiser | Provides a certified valuation of the primary residence or any other real property as of the date of death. | Early in the process (within 6 months) | The date-of-death value is crucial for determining the cost basis for beneficiaries (the “step-up in basis”) and for tax and probate filings. |
| Personal Property Appraiser | Valuates high-value items like art, jewelry, antiques, or collections. | Early in the process | Required if the value of a specific piece of personal property is high or if there are disputes among heirs over an item’s worth. |
| Financial Advisor | Helps transfer investment accounts (brokerage, mutual funds) and assists in re-titling assets into the name of the estate or the beneficiaries. | As soon as the Will is filed | They help manage the assets during the administration period and ensure smooth transfers to the heirs’ accounts. |
In summary, every executor should consider hiring an attorney and an accountant, especially for estates involving real estate, significant investments, or potential family disputes. Their fees are generally paid by the estate, not out of your personal funds.