If you’ve been named the executor for someone’s estate, you’re probably feeling a mix of responsibility, confusion, and maybe a little panic. I get it. When my own family went through probate years ago, I remember sitting at the kitchen table thinking, “Do I actually have the authority to do any of this, or am I about to mess everything up?” It feels like someone handed you a job title without the onboarding packet.
Why This Matters Today
Probate today moves fast in some areas, slow in others, and comes with rules that feel simple on the surface but complicated in practice. And when an inherited house is involved, that’s where things get really interesting. Families want answers. Creditors want answers. The court wants accuracy. And you’re standing in the middle trying to keep everything upright.
If you’re still getting oriented to how inherited property and probate work together, it may help to start with Inherited Homes 101, which walks through the process from a broader, step-by-step perspective.
This guide breaks down exactly what you can do, what you absolutely cannot do, and how to move through the process without stepping into a pothole that could cause delays or even personal liability. Think of it as the clear, conversational walkthrough I wish someone had handed me on day one.
The Executor’s Real Job: Being a Fiduciary
Let’s start with the foundation. As an executor, you’re not just the “organizer” of the estate. You’re a fiduciary. That’s the legal world’s way of saying you must make every decision with care, honesty, and loyalty and always put the estate’s and beneficiaries’ interests above your own.
It’s like being the designated driver on a night out. You don’t get to bend the rules, you don’t get special privileges, and if things go sideways, guess who everyone looks at. That’s the level of responsibility the law expects.
What You CAN Do: The Executor’s Powers
1. Secure and Protect All Assets
One of your very first responsibilities is securing the estate. With real estate, that might mean changing locks, maintaining heat in winter, shutting off the water, or making sure the property is insured. You’re essentially stepping in as temporary property manager.
I tell people to think of the property as a greenhouse. Your job is to keep the temperature steady and the roof from leaking while everything else gets sorted out. You don’t have to make it pretty, just stable.
2. Open an Estate Bank Account
You’ll gather the decedent’s financial accounts and move estate-related funds into a separate estate account. Nothing comingled. Nothing spent personally. Every dollar goes in and out through this account with a paper trail that even the IRS would smile at.
3. Pay Valid Bills and Debts
Final medical bills, taxes, funeral expenses, property taxes, mortgage payments, utilities for the home, and creditor claims all run through you. You’re settling the business side of the person’s life. Paying debts from your own pocket is not required and not recommended.
4. Hire Professionals
You’re allowed to hire attorneys, accountants, appraisers, real estate agents, and contractors when needed. And the estate pays them, not you. This is often a relief for families trying to juggle work, grief, and paperwork.
5. Inventory and Value Assets
You’ll list everything the decedent owned at the time of death and determine fair market values. For real estate, this often includes a professional appraisal or comparable market analysis.
6. Sell Property When Necessary
If the will directs you to sell the home, you can. If the estate needs money to pay debts, you can sell as well. Some states give you broad independent authority, while others require court approval. Either way, you’re expected to sell at fair market value and document the process.
7. Distribute Assets to Beneficiaries
This is everyone’s favorite part. Once debts, taxes, and court requirements are satisfied, you’ll distribute what’s left according to the will or state law. Whether that’s money, property, or sentimental items, your job is to follow the instructions precisely.
What You CANNOT Do: Hard Limits That Get Executors Into Trouble
1. You Cannot Use Estate Assets Personally
This is where good intentions can go sideways. You can’t borrow from the estate. You can’t live in the inherited home rent-free. You can’t use the estate’s credit card for snacks on the way home from the courthouse. Even small personal use is a big no in the eyes of probate courts.
Think of the estate like a rental car. It’s not yours. You’re responsible for it. You return it in good condition. But you don’t get to keep it for a weekend getaway.
2. You Cannot Act Before the Court Appoints You
Even if you’re named in the will, you have zero legal authority until the court issues your Letters of Office or Letters Testamentary. That means no listing the house, no collecting assets, and no signing documents.
3. You Cannot Change the Will
You can’t rearrange who gets what. You can’t shift shares because it feels more fair. You can’t ignore specific bequests. The will is the rulebook. Your personal opinion doesn’t override it.
4. You Cannot Treat Beneficiaries Unequally
One of the fastest ways to end up in court is favoring one beneficiary over another. Even if they’re your favorite cousin. Even if they’re the only one helping you. Distributions must be equal, transparent, and simultaneous unless the will says otherwise.
5. You Cannot Rush Distributions
If you hand out assets before debts, taxes, and claims are settled, and it turns out the estate runs short, you could be personally responsible to cover the deficit. The estate comes first. Beneficiaries come second.
6. You Cannot Sell Property That Was Specifically Left to Someone
If the will says “the house goes to Sarah,” you cannot sell that property without Sarah’s consent. Even if selling feels like the smartest decision, the law treats specific bequests as protected.
7. You Cannot Ignore Required Filings or Deadlines
Probate courts expect timely inventories, notices to creditors, reports, and accountings. Missing deadlines doesn’t just cause delays. It can lead to fines or even removal.
Real Estate: Where Executors Feel the Most Pressure
If there’s one part of probate that causes stress, arguments, and sleepless nights, it’s the house. Real estate is emotional and expensive, and the rules vary by state. But a few universal truths apply.
You Must Maintain the Property
- Keep insurance active
- Pay property taxes
- Handle basic repairs
- Prevent damage, theft, or deterioration
Picture a vacant home like a teenager with too little supervision. Ignore it for a month and you’ll be amazed how quickly things go wrong.
You Must Sell at Fair Market Value
Probate courts do not tolerate bargain deals or sweetheart sales. Everything must be arm’s length, transparent, and justifiable. Appraisals or agent valuations are your safety net.
You May Need Court Approval Depending on the State
Some states let you sell without oversight. Others require hearings, confirmation, or even overbid auctions. Know the rules for your state before signing anything.
State Differences Executors Should Know
Probate rules vary widely. A friend in Arizona might tell you one thing, a cousin in California another, and an article from Florida gives you a completely different picture. Some states run on a very independent system. Others keep you on a short leash with supervised court approval.
Big differences include:
- Whether you can sell real estate without court permission
- How long creditors have to file claims
- Whether a bond is required
- Rules for out-of-state executors
- When ancillary probate is needed for property in multiple states
- Whether small estates can skip full probate
Illinois Snapshot: What Local Executors Should Expect
Since so many folks I talk to live in the Chicago suburbs, here’s the short-and-sweet:
- Independent administration is common, which gives you broad authority to manage and sell property.
- You must file an inventory within 60 days.
- There is a six-month creditor claim period.
- You cannot sell real estate specifically left to someone without their consent.
- Non-resident executors may need to post a bond.
Illinois probate isn’t the fastest process, but it’s predictable once you understand the rhythm.
How Executors Stay Out of Trouble
Here are the habits that separate smooth probate experiences from stressful ones.
- Document everything. Keep receipts, emails, notes, and logs.
- Communicate clearly. Beneficiaries get anxious without updates.
- Use the estate account only for estate business.
- Ask professionals for help. Legal and financial expertise protects you.
- Pause before making big decisions. When in doubt, ask the court.
- Know your boundaries. If it feels like a gray area, it probably is.
Summary / Final Thought
Serving as an executor is a meaningful responsibility, but it doesn’t have to feel overwhelming. You’re guiding your loved one’s estate through its final chapter, and that’s an honorable role. Once you understand your powers, your limits, and your guardrails, the job becomes much more manageable. And remember, you never have to go through it alone. There are professionals, resources, and friendly voices out there ready to help you keep everything on track.
If you ever find yourself unsure about the next step with an inherited property, reach out. You don’t need perfect answers right away. You just need a steady place to start.