What is the role of an executor?

How the answer differs across 6 jurisdictions

The Short Answer

An executor (Testamentsvollstrecker) is a person appointed by will to manage and distribute the estate according to the testator’s instructions and in the beneficiaries’ best interests.

1+ executors
Can be appointed
Fiduciary duty
Legal standard
Personal liability
For mismanagement
No time limit
Term unless specified
The Short Answer

An executor is the person named in a will to manage the deceased’s estate, pay debts and taxes, and distribute assets to beneficiaries according to the will.

Named in will
How appointed
7 years
Limit to sue executor
No fee
Unless will allows
Oath required
Before probate
The Short Answer

An executor is a person named in a will to administer the deceased's estate, collect assets, pay debts and taxes, and distribute remaining property to beneficiaries as directed by the will.

Will-required
Appointment basis
No time limit
Executorship duration
Court grant
Probate needed?
Fiduciary duty
Legal standard
The Short Answer

You appoint an executor by naming them clearly in your will, which must be signed in the presence of two witnesses who also sign it in your presence — as required by the Wills Act 1837.

2 witnesses
Required witnesses
18+
Minimum age
In writing
Will format
Signed
Executor appointment method
US-CaliforniaFull article
The Short Answer

In California, an executor must manage the estate, pay debts and taxes, distribute assets to beneficiaries, and file required court reports. Compensation is set by statute: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and so on.

4% first $100k
Executor fee rate
30 days
Notice deadline
12 months
Initial inventory due
$100k
First tier amount
US-New YorkFull article
The Short Answer

In New York, an executor’s commission is a statutory fee based on the value of the estate’s assets, calculated on a sliding scale: 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, 2.5% on the next $4,000,000, and 2% on any excess.

5% on $0–$100k
First tier rate
2% over $5M
Highest tier rate
No court approv
Commission claim process
Payable from es
Source of payment

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Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.