Serving as the executor of an estate is both an honor and a serious responsibility. When a loved one passes, you’re entrusted with ensuring their final wishes are carried out while navigating the legal and emotional complexities of the probate process.

Understanding what’s expected of you can make the difference between a smooth estate settlement and months of unnecessary delay. Whether you’re managing modest assets or a complex estate, this checklist of seven essential executor responsibilities will help guide you through each stage of estate administration.

1. Locate the Will and Initiate the Probate Process

The first duty of an executor is to locate the deceased person’s will and submit it to the local probate court. This step formally begins the probate process with a legal proceeding that validates the will and authorizes you to act on behalf of the estate.

If no will exists, the court will appoint an administrator, but the general duties remain the same. Working with an experienced probate attorney can ensure that you meet all filing requirements and avoid common legal pitfalls early in the process.

2. Notify Beneficiaries and Relevant Parties

Once the court grants your authority, your next duty is to notify all beneficiaries, heirs, and relevant institutions of the probate case. This includes banks, creditors, and insurance companies.

Transparent communication helps manage expectations and reduces conflict among family members. Many executors rely on a lawyer for probate to draft official notices and ensure compliance with Wisconsin’s legal notice requirements.

3. Inventory and Secure the Estate’s Assets

Before distributing anything, it’s your job to identify, document, and secure all assets within the estate. This step often one of the most time-consuming, includes:

  • Real estate and vehicles
  • Bank and investment accounts
  • Personal property (jewelry, art, collectibles)
  • Business holdings or life insurance policies

Maintaining detailed records and obtaining accurate appraisals ensures that every asset is properly accounted for. This is one of the most crucial executor responsibilities in the probate process.

4. Manage Debts and Expenses

The executor must also settle any outstanding debts, taxes, and ongoing expenses related to the estate. Common examples include mortgage payments, utility bills, and medical costs.

Wisconsin law requires that creditors be notified and given time to submit claims. A probate attorney can help you determine which debts are valid, negotiate settlements if necessary, and ensure proper documentation for the court.

5. File Tax Returns and Handle Financial Obligations

The estate may owe income or estate taxes, depending on its size and structure. As executor, you’ll need to file final income tax returns and, in some cases, federal estate tax returns.

To stay compliant, consider consulting both a probate lawyer and a financial advisor. Together, they can help you calculate liabilities, file on time, and maximize available deductions keeping the estate administration process on track.

6. Distribute Assets to Beneficiaries

Once debts, taxes, and court fees are paid, you can begin distributing remaining assets according to the will (or state law, if there is no will). Always maintain documentation of each transfer to protect yourself from potential disputes later.

This step often requires precision, empathy, and patience. Beneficiaries may be grieving or unfamiliar with the probate process, so keeping open lines of communication is essential to maintaining harmony and trust.

7. Close the Estate and File a Final Accounting

After completing all financial and administrative duties, your final responsibility is to close the estate. This includes filing a final accounting with the probate court, showing all income, expenses, and distributions.

Once approved, the court will officially release you from your executor responsibilities, marking the end of the probate process.

The Role of a Probate Attorney in Simplifying the Process

Navigating the estate administration steps can feel overwhelming, especially while coping with loss. Partnering with a probate attorney ensures every legal requirement is met and every deadline is honored. At Krause Estate Planning & Elder Law Center, our team supports executors with compassionate, step-by-step guidance that makes even the most complex estates manageable.

At Krause Estate Planning & Elder Law Center, we understand that serving as an executor can be overwhelming. Our experienced probate attorneys help simplify each step, ensuring your loved one’s estate is handled with care, precision, and peace of mind. Schedule a consultation today to get trusted legal support for your probate responsibilities.

TL;DR

1. What is the probate process and why is it important?
 The probate process is the legal procedure that validates a will, settles debts, and distributes assets after someone passes away. It ensures that the estate is managed according to Wisconsin law and the decedent’s wishes.

2. What are the main executor responsibilities during probate?
 The executor must locate the will, notify beneficiaries, inventory assets, pay debts and taxes, distribute property, and file a final accounting to close the estate.

3. How long does the probate process take in Wisconsin?
 Probate typically takes 6–12 months, depending on the estate’s size, complexity, and whether disputes arise. Proper documentation and attorney guidance can help speed up the process.

4. Do I need a probate attorney to serve as an executor?
 While not legally required, hiring a probate attorney helps ensure that all filings, deadlines, and tax requirements are properly handled, reducing the risk of errors or delays.

5. What happens if there’s no will?
 If no will exists, the court appoints an administrator to manage the estate. Wisconsin’s intestacy laws determine how assets are distributed, often giving priority to the closest surviving relatives.