Real-world examples of executor duties: filing a will with probate court

Most people think executor duties are all about reading the will and handing out property. In reality, your very first job is getting that will in front of a judge. Without that, you have no legal authority to do anything.

Here are a few real-world examples of executor duties: filing a will with probate court so you can see how this plays out.

Imagine your aunt passes away in Texas and leaves you named as executor. You find the original signed will in her file cabinet. You contact the county probate court where she lived, fill out their application for probate, attach the original will, get a certified death certificate, and file everything with the clerk. The court schedules a short hearing, you’re appointed executor, and you walk out with papers proving you can act on behalf of the estate.

Now picture a tougher example. Your father dies in Florida, and everyone thinks there’s a will, but no one can find the original. You locate a scanned copy in his email. Your executor duties suddenly include tracking down witnesses, working with a probate attorney, and asking the court to accept a copy instead of the original. Same basic goal—filing the will with probate court—but the path is a lot more complicated.

Those are both solid examples of executor duties: filing a will with probate court in action: locating the will, preparing the paperwork, and getting the court to officially open the estate.

Key examples of executor duties: filing a will with probate court, step by step

Let’s walk through the main tasks, using examples of executor duties: filing a will with probate court so this feels less abstract and more like a checklist you could actually follow.

Finding and securing the original will

Before you can file anything, you need the original will, with wet signatures if possible.

One example of how this plays out: Your mother passes away in California. You remember she mentioned a safe deposit box. You go to her bank with her death certificate and proof that you’re named as executor in a copy of the will she emailed you. The bank follows its policy for safe deposit access after death, and you eventually retrieve the original will from the box. Your duty here isn’t just to find the will, but to protect it—no coffee stains, no accidental shredding, no “editing” by relatives with a pen.

Another example: Your spouse dies, and the will is on their laptop in a password-protected file. You may need to work with tech support, the estate’s attorney, or a digital executor (if one is named) to retrieve and print the will. Some states are starting to recognize electronic wills, but many still want a signed paper original. The Uniform Law Commission has model laws on electronic wills, but your local state law controls.

In both situations, your executor duty is to locate, safeguard, and then file that will with the right court.

Identifying the correct probate court

Filing in the wrong place wastes time and can delay everything.

One of the best examples of why this matters: Your grandfather lived most of his life in Ohio but retired to Arizona. He dies in Arizona, and his will lists his Arizona address. Even though all the family is in Ohio, the probate case usually belongs in the Arizona county where he lived at death. Your duty is to file the will with that county’s probate court, not the one that’s most convenient for you.

Here’s another example: A New York resident dies owning a vacation cabin in Colorado. You, as executor, file the will in New York (where they lived) and later may need to open an additional, limited probate proceeding in Colorado just for the cabin. That’s called ancillary probate. The filing of the will in New York is still your first move.

Many state court systems have online directories. For example, the U.S. federal courts site explains the difference between federal and state courts and links to state systems (uscourts.gov), which can help you track down the right local probate court.

Preparing the documents to file with the court

Filing the will is rarely as simple as sliding a single sheet of paper across a counter. Courts typically want a package of documents.

Here are a few realistic examples of executor duties at this stage:

• You gather multiple certified copies of the death certificate from the county or vital records office, because the court, banks, and life insurance companies will all ask for them. The CDC maintains a useful page on how to get death certificates and vital records in the U.S. (cdc.gov).
• You complete the court’s petition or application for probate, which usually asks for the deceased person’s full name, last address, date of death, approximate value of the estate, and names of heirs and beneficiaries.
• You sign an oath or statement agreeing to carry out your executor duties honestly and to follow the law.

One concrete example: In Massachusetts, you download a “Petition for Formal Probate of Will” from the court’s website, fill in all the blanks, attach the original will, attach the death certificate, and file everything in person or by mail with the probate and family court.

Another example: In a smaller county, there’s no online filing at all. You call the clerk, they mail you a packet of forms, and you handwrite or type the information. Your executor duty is the same: get the will and required forms to the probate court in the format they require.

Paying filing fees and asking for appointment as executor

Courts charge filing fees, and those fees are usually paid from estate funds. In the early days, though, you might have to front the money and get reimbursed later.

Real example: Your brother dies in Georgia, and the probate court charges a base filing fee plus a per-page recording cost for the will. You write a check, get a receipt, and keep that receipt with your executor records so you can be reimbursed from the estate.

At the same time, your petition asks the court to officially appoint you as executor (sometimes called personal representative). Filing the will with probate court is what triggers that appointment. Until the judge signs off, you’re basically in a holding pattern—you can gather information but not make big financial moves.

Notifying heirs and beneficiaries after filing

Once you file the will, many courts require you to notify interested parties that a probate case has started.

One example of this executor duty in motion: You file the will in Illinois, and the court instructs you to mail notice of the probate hearing to all heirs and beneficiaries listed in the petition. You prepare letters, send them by certified mail, and keep proof of mailing.

Another example: In some states, you must publish a legal notice in a local newspaper to alert potential creditors. You contact the approved newspaper, pay for the notice, and file proof of publication with the court.

These are all examples of executor duties: filing a will with probate court and then following through on the filing by giving everyone formal notice.

Handling common problems: real examples of executor duties when filing

Probate is rarely a straight line. Here are some of the best examples of how executor duties expand when filing the will isn’t straightforward.

Example of a lost or damaged will

Say your father’s original will was destroyed in a house fire, but you have a scanned copy in your email. Your executor duties now include:

• Working with a probate attorney to prepare a petition asking the court to accept a copy instead of the original.
• Tracking down witnesses, if possible, to sign statements confirming the will’s authenticity.
• Gathering any emails or letters from your father that support the idea that this was his final will.

In this situation, “filing the will” becomes “filing what you have and asking the court to accept it.” Still, it’s an example of executor duties: filing a will with probate court, even when that will isn’t in perfect shape.

Example of multiple wills or confusing paperwork

Another very real example: You discover two wills—one from 2015 and one from 2022—and they don’t match.

Your duties might include:

• Filing the most recent will with the probate court and letting the judge know there’s an older one.
• Providing copies of both to the court and, if required, to interested family members.
• Attending a hearing where the court decides which document counts as the valid last will.

You’re not expected to personally decide which will wins. Your job is to be honest with the court and file the documents so the judge can sort it out.

Example of family conflict when you file the will

This is one of the most stressful examples of executor duties. You file the will, and a sibling or relative immediately objects.

For instance, you file your mother’s will in North Carolina. The will leaves the house to you and smaller cash gifts to your siblings. One sibling claims Mom was pressured and threatens to contest the will.

Your duties may include:

• Providing the court with the original will and any supporting documents.
• Attending hearings where the validity of the will is discussed.
• Cooperating with the estate’s attorney, but not taking sides beyond carrying out what the will actually says.

The filing of the will is what opens the door for these disputes to be heard. Staying organized and filing properly is your best defense against accusations that you mishandled anything.

Modern trends (2024–2025): electronic wills and remote filing

Probate hasn’t changed overnight, but there are clear trends that affect examples of executor duties: filing a will with probate court today.

More states are experimenting with electronic wills and remote notarization. That means you might be filing a will that was signed on a tablet or witnessed over video. Some states now allow:

• E-filing probate documents through an online portal.
• Remote hearings by video conference, so you don’t have to appear in person.

For example, after COVID-19, many courts kept remote options for certain hearings and filings. Your executor duties may now include creating an online account with the court system, uploading PDFs of the will and supporting documents, and attending a virtual hearing from your home office.

But here’s the catch: probate is still very state-specific. What’s routine in one state may be impossible in another. Before you assume you can file everything online, check your local probate court’s website or speak with a probate attorney licensed in that state. The American Bar Association’s site (americanbar.org) is a good starting point for understanding differences across states.

These modern twists don’t change the core job. They just add new examples of executor duties: filing a will with probate court using digital tools instead of paper-only systems.

After filing: how this duty connects to the rest of your executor role

Filing the will with probate court is the gateway to everything else you’ll do as executor. Once the court accepts the filing and appoints you, your duties typically expand to:

• Collecting and safeguarding assets
• Paying valid debts and taxes
• Communicating with heirs and beneficiaries
• Distributing what’s left according to the will

But none of that formally starts until you’ve handled the filing correctly. That’s why so many examples of executor duties: filing a will with probate court focus on the early days—finding the will, choosing the right court, preparing the paperwork, and responding to any issues that pop up.

If you remember nothing else, remember this: you are not expected to be perfect, but you are expected to be honest, organized, and responsive to the court. When in doubt, ask questions, keep records, and get legal advice when the situation feels over your head.

FAQ: examples of executor duties when filing a will with probate court

Q: What are some common examples of executor duties: filing a will with probate court?
Common examples include locating and safeguarding the original will, identifying the correct county probate court, completing the court’s probate petition, attaching a certified death certificate, paying the filing fee, submitting the will and forms to the court, and appearing at an initial probate hearing to be officially appointed as executor.

Q: Can you give an example of what happens if the will is filed late?
Many states have deadlines (often one to several years) for starting probate. If an executor waits too long, the court may treat the estate differently, or certain simplified procedures might no longer be available. In some cases, heirs can ask the court to appoint a different person if the named executor failed to act. Filing promptly is one of the most important examples of executor responsibility.

Q: Is filing the will with probate court always required?
Not always. Some very small estates can use simplified procedures, and in a few situations, assets pass outside probate (for example, joint bank accounts with rights of survivorship or life insurance with named beneficiaries). But if there is a will and assets in the deceased person’s name alone, filing the will with the probate court is often required. Many states even require anyone holding the original will to file it with the court within a certain time, whether probate is opened or not.

Q: Do I need a lawyer to handle the filing of the will?
That depends on your state and the complexity of the estate. Some simple estates can be handled by an organized executor without a lawyer, using court-provided forms. But if there are disputes, multiple properties in different states, a lost or damaged will, or unhappy relatives, getting a probate attorney is usually wise. The cost is typically paid from the estate, not from your personal funds.

Q: What’s an example of a mistake executors make when filing the will?
A very common mistake is distributing property or closing accounts before being formally appointed by the court. Another example is filing in the wrong county or failing to notify required heirs and beneficiaries after filing. Both can cause delays, extra expenses, and in some cases, personal liability for the executor.

Q: Are electronic or online wills handled differently when filing?
They can be. Some states have specific statutes for electronic wills and may require different proof that the will was properly signed and stored. As an executor, your duties might include printing certified copies, working with the platform that stored the will, or providing technical evidence about how the will was signed. Always check your state’s laws or talk with a local attorney if you’re dealing with a purely digital will.

Filing a will with the probate court isn’t glamorous, but it’s the foundation for everything else an executor does. When you look at these real examples of executor duties: filing a will with probate court, you can see that the job is less about knowing every law by heart and more about being thorough, honest, and willing to follow a clear process step by step.