Executor Checklist

Executor Checklist

Executive Summary for the Taxpayer. If you were named executor in a New Jersey will, take the work in order: protect property, get authority from the county Surrogate’s Court, keep careful records, and meet tax and notice deadlines. Brick Taxes can help with federal tax filings and IRS matters; call 732-540-1040.

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What an executor does

An executor, called a personal representative in some states, is the person named in a will to administer the estate. In New Jersey, the county Surrogate’s Court generally handles uncontested probate matters; the executor’s authority to act comes from the court’s appointment and issuance of Letters Testamentary, also called Surrogate’s Certificates. NJ Courts: Surrogate’s Court

You are responsible for protecting estate assets, keeping funds separate from your own, maintaining records, addressing valid debts and taxes, and distributing property under the will. Treat the role like careful stewardship: don’t make personal use of estate funds or distribute property before you understand the estate’s obligations. IRS Publication 559

First 10 steps in order

1. Locate the original will. Look for the signed original and any codicils, and keep them secure. A copy may not be enough for routine probate.
2. Order certified death certificates. The funeral director can explain how to obtain them; ask how many copies institutions are likely to require.
3. Protect the property. Secure the home and valuables, maintain insurance, and take reasonable steps to prevent damage or loss.
4. Make initial lists. Record known assets, debts, recurring bills, income, and important contacts. Don’t assume everything owned by the deceased passes through the will.
5. Identify beneficiaries and close family. Gather names and current addresses for people named in the will and close relatives the court may ask you to identify.
6. Contact the county Surrogate. Confirm the county’s process, forms, appointment requirements, fees, and current document checklist. Requirements can vary by county. NJ Courts: Surrogate’s Court
7. Observe the waiting period. New Jersey probate generally proceeds after an 11-day waiting period following death; check with the county Surrogate about when you may submit paperwork and when authority can issue. Mercer County Surrogate
8. Prepare the probate application. The county may require the original will, a certified death certificate, a probate fact sheet or application, and information about heirs and beneficiaries. Confirm the exact list with the Surrogate.
9. Apply to the county Surrogate’s Court. Submit the required materials and complete any qualification or acceptance documents requested by the court.
10. Receive your authority and set up administration. When the court appoints you, obtain Letters Testamentary/Surrogate’s Certificates. Apply for an estate EIN through the IRS and use it for estate tax and banking matters rather than using the decedent’s Social Security number for estate activity. IRS: Responsibilities of an Estate Administrator

After probate, New Jersey court rules generally require notice to beneficiaries and specified relatives within 60 days, followed by filing proof of mailing with the Surrogate within 10 days after mailing. Confirm the applicable notice and filing instructions with the county. Cumberland County: Notice of Probate and Proof of Mailing

Tax deadline calendar for an executor

• Final federal income tax return, Form 1040 or 1040-SR: File for the decedent’s income through the date of death. It is generally due April 15 of the year following the year of death, with an extension available under the usual rules. IRS Publication 559; 26 CFR § 1.6072-1
• Estate income tax return, Form 1041: An estate generally must file if it has $600 or more of gross income for a tax year, or a beneficiary who is a nonresident alien. The estate needs an EIN; for a calendar-year estate, Form 1041 is generally due April 15. Form 7004 provides an automatic 5½-month filing extension, but does not automatically extend time to pay tax. Fiscal-year estates generally file by the 15th day of the fourth month after year-end. IRS Form 1041 Instructions; IRS: File an Estate Income Tax Return
• Federal estate tax, Form 706: For a person who dies in 2026, filing is generally required if the gross estate plus adjusted taxable gifts exceeds the $15 million basic exclusion amount, or if the executor elects portability of a deceased spouse’s unused exclusion (DSUE). Form 706 is generally due nine months after death; Form 4768 may request an automatic six-month extension to file, but does not extend the payment deadline. IRS Form 706 Instructions; Pub. L. 119-21
• New Jersey inheritance tax, Form IT-R: If a return is required for a New Jersey resident decedent, Form IT-R and any inheritance tax due are generally due within eight months of death. Unpaid tax accrues interest at 10% per year after that deadline; New Jersey inheritance-tax returns are filed on paper. NJ Division of Taxation: Inheritance Tax Filing Requirements
• New Jersey estate tax: New Jersey abolished its estate tax for people who died on or after January 1, 2018. That does not eliminate possible New Jersey inheritance tax or asset-release paperwork. NJ Division of Taxation: Inheritance and Estate Tax

Records to gather and keep

Create a secure file, digital or paper, and save copies of what you send, receive, pay, and distribute. Useful records include:

• Certified death certificates, the will, and court appointment documents.
• Bank and brokerage statements, deeds, vehicle titles, and business records.
• Beneficiary designations for retirement accounts, insurance, and payable-on-death accounts.
• Prior federal and New Jersey tax returns, tax notices, and records of estimated tax payments.
• Asset valuation and cost-basis records, including purchase documents and improvement records for real estate.
• Bills, creditor claims, receipts, funeral and administration expenses, and records of estate income and payments.

Inherited property generally receives a tax basis based on fair market value at the date of death, or an applicable alternate valuation date, under federal law. Lifetime gifts generally carry over the donor’s basis, so compare tax consequences with an adviser before deciding whether to gift or retain appreciated assets; the 2026 annual gift-tax exclusion is $19,000 per recipient. IRC § 1014; IRC § 2503(b)

New Jersey inheritance tax: check the beneficiary class

New Jersey inheritance tax depends largely on the beneficiary’s relationship to the deceased. The state’s published classes include: NJ Division of Taxation: Beneficiary Classes

Class	Common examples	General treatment
A	Spouse or partner, children, parents, grandparents, grandchildren	Exempt
C	Siblings; sons- and daughters-in-law	First $25,000 exempt; generally 11%–16% above that
D	Nieces, nephews, friends, and most other beneficiaries	Generally 15%–16% above a $500 exemption
E	Qualifying charities	Exempt

Exempt status does not by itself answer every filing or asset-transfer question. Review whether Form IT-R is required and whether a New Jersey inheritance-tax waiver or release is needed before certain assets can be transferred; ask the Division of Taxation or your estate attorney about the applicable form and asset. NJ Division of Taxation: Filing Requirements

Distributing assets and closing the estate

Don’t treat the court appointment as a signal to distribute immediately. First identify assets and claims, address required tax filings and payments, and check the will and any court instructions; get legal advice if the will is unclear, there is a dispute, or a creditor claim is contested.

For final administration, the executor should:

1. Keep estate funds in a separate account and record all transactions.
2. File required returns and pay valid obligations from estate funds.
3. Provide beneficiaries with Schedule K-1s when required to report their share of estate income. IRS Form 1041 Instructions
4. Document distributions and retain final statements, tax filings, correspondence, and proof of payment.
5. Coordinate with an estate attorney on releases, accountings, and the legal steps to close the estate.

Brick Taxes can prepare a decedent’s final Form 1040 and an estate’s Form 1041, help coordinate New Jersey inheritance-tax paperwork, and represent an estate before the IRS when the decedent owed back taxes or the estate receives an IRS notice. We are not a law firm and do not handle probate; coordinate legal steps with your estate attorney. Call 732-540-1040 or schedule a conversation. Read our Google reviews: More than 105 Five-Star Google Reviews & Counting.

Frequently asked questions

Can I act as executor before receiving Letters Testamentary?
Do not assume that being named in the will gives you authority to act for the estate. In New Jersey, the Surrogate’s Court issues the appointment documents that establish your authority; confirm county procedures before taking action on estate accounts or property. NJ Courts: Surrogate’s Court

Does New Jersey still have an estate tax?
No, not for decedents who died on or after January 1, 2018. New Jersey inheritance tax remains in effect, so review beneficiary classes and filing or waiver requirements separately. NJ Division of Taxation

Does every estate have to file Form 1041?
No. The general filing threshold is $600 or more in gross income during the tax year, with a separate rule for an estate with a nonresident alien beneficiary. Check the current Form 1041 instructions for the estate’s facts. IRS Form 1041 Instructions

Should an executor file Form 706 even if the estate is below $15 million?
A Form 706 filing may be made to elect portability of a deceased spouse’s unused exclusion, even when filing would not otherwise be required. Discuss the facts and deadline with a qualified tax professional. IRS Form 706 Instructions

Can I distribute the estate as soon as probate is complete?
Probate gives the executor authority to administer the estate; it does not resolve every creditor, tax, or beneficiary issue. Confirm obligations and legal requirements before making final distributions, and consult an estate attorney if you are unsure.

Planning for your own estate?
If you’re planning your own estate, read this first. Matthew Jones, a federally licensed Enrolled Agent with 25 years of tax experience, adds: “I used to be bullheaded about not using a financial advisor, and I regret it. Please consider speaking with a qualified financial advisor about your own financial decisions.” Brick Taxes has no referral arrangement with financial advisors.

Brick Taxes is not a financial consulting firm or a law firm and does not provide financial, investment, or legal advice. Consult your own attorney for probate and legal steps and your own financial advisor for financial decisions; there is no referral arrangement. For tax preparation or IRS representation questions, contact Brick Taxes at 732-540-1040 or book a time. More than 105 Five-Star Google Reviews & Counting.

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