Executor Duties During Probate: A Step-by-Step Guide
Nov. 14, 2025
Serving as an executor is both an honor and a responsibility. When a loved one passes away, the executor becomes responsible for handling their estate, which often involves legal, financial, and emotional challenges. The process of probate, the court-supervised procedure for validating a will and distributing assets, can feel overwhelming for those unfamiliar with it.
At the Law Offices of Julie A. Schejbal, CHTD, we work with families and executors throughout Maryland to simplify this process. Our Dunkirk, MD probate lawyer helps clients understand their duties, manage estate administration efficiently, and make sure all legal requirements are met.
Acting as an executor isn’t just about paperwork—it’s about honoring a loved one’s legacy while meeting important legal obligations. Contact our firm today for assistance.
Starting the Probate Process
The first step for any executor is to initiate probate with the appropriate court. This step legally authorizes the executor to act on behalf of the estate. The process begins by filing the will, death certificate, and related forms with the Register of Wills in the county where the deceased lived.
Once the court reviews the documents, it formally appoints the executor (also called the personal representative in Maryland). At this point, the executor gains the authority to manage the estate’s assets and obligations.
Key early tasks include:
Locating and filing the will: The original document must be presented to the court promptly.
Notifying beneficiaries and heirs: Everyone named in the will must be informed about the start of probate.
Securing assets: The executor should safeguard valuables such as real estate, vehicles, and personal property.
Setting up an estate bank account: This account is used to handle income, expenses, and distributions during the probate process.
Taking these initial steps lays the foundation for everything that follows. From here, the executor’s role expands to include inventorying assets, settling debts, and distributing inheritances.
Creating an Inventory of Estate Assets
After the court approves the executor’s appointment, one of the next major duties is compiling a detailed inventory of the estate’s assets. This step is essential because it determines the estate’s total value and guides how debts and distributions will be handled during probate.
Common types of assets to include are:
Real estate holdings: Primary residences, vacation homes, or land.
Bank and investment accounts: Checking, savings, retirement funds, and brokerage accounts.
Personal property: Jewelry, artwork, furniture, and vehicles.
Business interests: Ownership shares or partnerships.
Life insurance proceeds: Policies payable to the estate rather than individual beneficiaries.
Executors must also document any jointly owned assets or property that passes outside of probate, such as accounts with designated beneficiaries.
Valuing these assets may require professional appraisals or consultations with financial institutions. Accurate valuation protects against disputes among heirs and helps calculate estate taxes where applicable.
Notifying Creditors and Paying Debts
Before distributing any assets, executors are required to identify and notify creditors. This step assures that all legitimate debts are resolved before the estate is closed.
In Maryland, executors typically publish a notice in a local newspaper and send direct notifications to known creditors. Once notified, creditors have a set period—usually six months—to submit claims against the estate.
Typical debts that must be paid include:
Funeral and burial expenses
Outstanding medical bills
Mortgage and loan balances
Credit card and utility payments
Taxes owed by the estate or the deceased
Executors should review each claim carefully to confirm it’s valid before making payments from the estate account. Any disputes with creditors may require court intervention. Handling this part of probate carefully helps prevent delays and potential legal challenges later in the process.
Managing Estate Finances
Throughout probate, the executor functions as a financial manager for the estate. This role involves overseeing income, expenses, and taxes while maintaining full transparency.
Essential financial responsibilities include:
Tracking income: Estates may continue earning money from rent, dividends, or interest.
Paying ongoing expenses: Property maintenance, insurance, and utilities must be managed to preserve asset value.
Keeping detailed records: Every transaction should be documented to provide a clear accounting to beneficiaries and the court.
Filing tax returns: Executors must handle both the deceased’s final income tax return and any estate tax filings.
Maintaining accuracy throughout the process prevents errors that could prolong probate or lead to disputes. Working with accountants or tax professionals is often beneficial, particularly when dealing with larger estates or complicated assets.
Once all debts and taxes are settled, the executor can begin preparing for the final distribution of the estate’s assets.
Distributing Assets to Beneficiaries
Distribution is often the most anticipated stage of probate, but it can’t begin until all debts, taxes, and administrative costs are paid. The executor must follow the instructions in the will or, if there is no will, comply with Maryland’s intestacy laws.
Common distribution responsibilities include:
Transferring property titles: Real estate deeds must be updated to reflect new ownership.
Closing financial accounts: The executor withdraws remaining funds and issues payments or transfers.
Delivering personal property: Heirs receive items specified in the will, such as jewelry, heirlooms, or collectibles.
Preparing receipts: Beneficiaries should sign receipts confirming they’ve received their inheritances.
Executors must balance fairness and efficiency while following legal requirements. If disagreements arise, mediation or court involvement may be necessary to finalize distributions.
Once assets are distributed and receipts are collected, the executor can prepare to close the estate officially.
Closing the Estate
The final step of probate involves submitting a comprehensive report to the court detailing all actions taken during administration. This report typically includes an accounting of assets, debts, expenses, and distributions.
Once approved, the court will issue an order closing the estate, officially ending the executor’s responsibilities.
Final steps often include:
Filing the final accounting report: This outlines how the estate was managed from start to finish.
Requesting discharge: The executor petitions the court to be released from further duties.
Retaining important records: Executors should keep copies of documents in case of future inquiries.
When the estate is closed, beneficiaries can move forward with peace of mind, knowing their loved one’s wishes have been fulfilled lawfully and respectfully.
Common Challenges Executors Face
Even when handled carefully, probate can present obstacles. Executors may encounter legal disputes, uncooperative heirs, or difficulties locating assets. These challenges can delay proceedings and increase emotional stress for everyone involved.
Frequent complications include:
Disputed wills: Beneficiaries question the validity of the document.
Hidden or missing assets: Locating investment accounts or personal valuables may require extra effort.
Family conflict: Disagreements about property division can strain relationships.
Unpaid taxes or debts: Oversights can delay final estate closure.
By addressing complications early and communicating openly with beneficiaries, executors can complete their responsibilities efficiently and avoid unnecessary tension.
Working with an experienced law firm helps minimize these challenges. At the Law Offices of Julie A. Schejbal, CHTD, we provide guidance through each step, helping executors stay organized, compliant, and confident in their decisions.
Contact Our Firm Today
Serving as an executor can feel overwhelming, but no one has to handle probate alone. At the Law Offices of Julie A. Schejbal, CHTD, we help executors and families manage every phase of estate administration with clarity and compassion. Our firm handles everything from filing initial documents to closing the estate, allowing you to focus on honoring your loved one’s memory.
We proudly serve clients in Dunkirk, Maryland, and throughout Calvert County, Prince George’s County, Charles County, and St. Mary’s County. Contact us today to schedule a consultation and learn how we can help you manage the probate process from start to finish.