5 Mistakes New Executors Make in the First Month

March 7, 2026

Being named executor is an honor. It’s also a lot of responsibility. And because estates come with deadlines, legal obligations, and people waiting on you to make decisions—mistakes happen fast.

Here are the five things executors mess up most often in the first few weeks. Knowing them means you can avoid them.

Mistake 1: Moving or Spending Estate Money Too Early

This is the biggest one. You’re grieving. Bills are piling up. Family members are asking if they can take something from the house. And there’s money in your parent’s bank account, so why not just start settling things?

Don’t. Not yet.

Executors have a fiduciary duty to protect estate assets. Moving money, paying personal bills from estate accounts, or letting family members remove property before the will’s been through probate can create serious legal problems. Creditors might claim you’re hiding assets. Beneficiaries might sue. You could be personally liable for mismanagement.

What to do instead: Open a separate estate account if needed, but don’t touch assets or distribute anything until you’ve filed the will with probate court (or confirmed the estate doesn’t need probate). Let a lawyer tell you it’s safe to proceed.

Mistake 2: Not Gathering All the Documents

You found the will. Great. But is that all your parent had? Most people don’t have just a will. They have:

• A living trust (very different from a will)
• A power of attorney document
• A healthcare directive or living will
• Beneficiary designations on retirement accounts or insurance policies
• Joint account agreements
• Property deeds with specific ownership language

Many of these bypass the will entirely. A retirement account with a named beneficiary goes straight to that person, not through probate. A property held as “joint tenants with rights of survivorship” passes automatically to the surviving owner. If you don’t know what your parent had, you could waste months probating something that didn’t need probating.

What to do instead: Spend the first week creating a full inventory. Ask the attorney who prepared the will. Check safe deposit boxes, filing cabinets, and digital accounts. Talk to your parent’s bank, investment company, and insurance agent. You might find documents that change everything.

Mistake 3: Missing Tax and Legal Deadlines

Estates have real deadlines. If you miss them, there are real consequences.

• Final income tax return: Due the same day as if your parent were alive—typically April 15 (or later if an extension is filed).
• Estate tax return (Form 706): Due 9 months after death if the estate exceeds $12.92 million (2026 exemption). An extension gets you 3 more months.
• Property tax deadlines: Vary by state, but typically 30–90 days.
• Creditor claim periods: Vary by state, but typically 3–6 months. After that, you may not be required to pay old debts.
• Probate deadlines: Vary widely, but usually 6–12 months to close the estate.

If you miss a deadline, you could owe penalties, interest, or personal liability. If you miss a creditor claim deadline, you might not have to pay the debt, but if you miss a tax deadline, you’re on the hook.

What to do instead: Get a lawyer or CPA immediately. Seriously. They know the deadlines in your state and can make sure you hit them. This is not the place to save money.

Mistake 4: Not Communicating With Heirs

Radio silence creates suspicion. Heirs don’t know what’s happening, so they imagine worst-case scenarios. Is the executor hiding assets? Is the estate going to be contested? Am I getting anything?

Clear, regular communication prevents disputes later.

What to do instead: Send heirs an update within the first two weeks. Include: the will, the timeline for probate, what you’ve done so far, and what’s coming next. Tell them you’ll update them monthly. If there’s conflict or complexity, copy your lawyer on all communications. That creates a paper trail and keeps things professional.

Mistake 5: Trying to Do Everything Yourself

You don’t have to be superhuman. Most executors think they can handle an estate on their own. Then they realize it’s 50+ hours of work: phone calls, paperwork, asset tracking, tax prep, probate filings, property appraisals, distributing assets. And they’re doing it while grieving.

Hiring help isn’t weakness. It’s smart.

What to do instead: Get a lawyer for probate and legal stuff. Hire a CPA for taxes. Use an estate accountant if the estate’s complex. Delegate tasks to family members who can handle them (one person tracks assets, another handles insurance claims, etc.). Your job as executor is to oversee and make decisions, not to do everything with your own hands.

The Real Cost of Mistakes

Executor mistakes don’t just slow things down. They can cost thousands in legal fees, penalties, and taxes. They create family conflict. They turn what’s already hard into something really hard.

The good news: most of these mistakes are preventable. Slow down. Get professional help. Document everything. Over-communicate. And remember: it’s okay to ask questions. That’s what lawyers and accountants are for.

The difference between a smooth estate and a complicated one is often just a few early decisions made right.

Free planning tools and Transition Navigator at lumeway.co

This post is for informational purposes only and does not constitute legal, financial, or tax advice. Estate administration laws, tax requirements, and deadlines vary significantly by state and the complexity of the estate. Consult a licensed estate attorney or CPA for guidance specific to your situation.