Common Executor Mistakes

Most executors are doing the job for the first time, under grief, with no training. The learning curve is steep, and the consequences of getting it wrong are personal — courts can order an executor to pay out of pocket for losses caused by mismanagement. These are the ten mistakes that come up most often in probate disputes.

1. Acting Before Getting Court Authority

Being named in a will does not make someone a legally authorized executor. That authority comes from Letters Testamentary, issued by the probate court after the will is validated. Until those letters are in hand, the executor cannot legally sell property, access sole bank accounts, or distribute assets. Acting prematurely is a probate violation that can void transactions and expose the executor to surcharge.

2. Ordering Too Few Death Certificates

Most families order three or four certified copies and quickly run out. Banks, insurance companies, retirement plan administrators, the DMV, credit bureaus, and government agencies each need an original certified copy — not a photocopy. Ten to twenty copies is the standard recommendation, depending on the number of accounts and assets. Reordering later is possible but adds weeks of delay at exactly the wrong time.

3. Paying Bills Before Checking Solvency

The instinct to clear outstanding debts immediately is strong, especially when creditors are calling. But paying any bills before determining whether the estate is solvent or insolvent is dangerous. If the estate turns out to be insolvent — liabilities exceed assets — and the executor already paid lower-priority creditors, the executor is personally liable for the shortfall to higher-priority claimants. Always build a complete asset and liability inventory before paying anything other than essential secured debts and funeral costs.

4. Skipping the Notice to Creditors

Publishing a formal Notice to Creditors in a local newspaper starts a statutory clock — typically three to six months — during which creditors must submit claims or lose the right to collect. Executors who skip this step remain exposed to unknown debts indefinitely. In England and Wales, one route is a notice under Section 27 of the Trustee Act 1925, which gives creditors at least two months to make claims. In Canada, provincial notice requirements serve the same purpose.

5. Ignoring Vacant Property Insurance

Standard homeowner policies typically lapse or exclude claims after 30 consecutive days of vacancy. If the deceased's home sits empty and a pipe bursts, a fire starts, or vandalism occurs after that 30-day window, the insurance company may deny the claim. The executor should contact the insurer within the first 10 days of vacancy to ask about coverage and any vacancy permit or unoccupied-home rider. Failing to maintain required coverage can leave the estate exposed to substantial losses.

6. Distributing Assets Before the Creditor Period Expires

Eager beneficiaries create pressure to distribute quickly. Giving in to that pressure before the statutory creditor claim period closes is one of the most expensive mistakes an executor can make. If a valid claim surfaces after assets have been distributed, the executor may be responsible for the shortfall under applicable law.

7. Commingling Estate and Personal Funds

Running estate transactions through a personal bank account, even with careful recordkeeping, is a fiduciary violation. The executor must apply for an EIN from the IRS (free, done online in minutes) and open a dedicated estate checking account. Every dollar of estate income and every expense payment flows through that account. Commingling makes it nearly impossible to defend against an accusation of self-dealing.

8. Failing to Communicate with Beneficiaries

Silence breeds suspicion. When beneficiaries don't hear from the executor for weeks, they assume the worst — and some hire lawyers. A regular update schedule, even when there's nothing new to report, prevents most disputes. A simple bi-weekly email summarizing what's been done, what's pending, and what's next keeps everyone informed and reduces the impulse to litigate.

9. Making Permanent Decisions Too Fast

Selling the family home, liquidating investments, scattering cremated remains, or distributing sentimental personal items in the first few weeks almost always leads to regret, conflict, or both. Protective and legally time-sensitive tasks still need attention. Many non-urgent decisions can wait: the product research recommends postponing distribution of personal belongings for three to six months, irreversible memorial decisions for six to twelve months, and formal appraisals for 30 to 90 days where possible.

10. Not Getting Professional Help When Needed

Reasonable estate-administration legal and accounting fees are generally paid from estate funds, subject to applicable court rules and available assets. For complex estates — real estate in multiple states, business interests, family conflict, large tax liabilities — professional guidance can help limit costly mistakes. An hour with a probate attorney at the outset can prevent months of corrective litigation later.

The Pattern Behind the Mistakes

Nearly all of these errors share a root cause: the executor is making high-stakes decisions while cognitively impaired by grief. The brain's prefrontal cortex — the center for planning, reasoning, and impulse control — operates at reduced capacity during acute bereavement. The research calls it grief fog, and it explains why otherwise careful people skip obvious steps.

The First 30 Days After Loss guide is built around this reality. It sequences every task by urgency, separates what must happen now from what can safely wait, and provides the checklists, scripts, and trackers that substitute for the executive function grief temporarily takes away.