The executor/personal representative is the person appointed in the will to administer the estate of someone who has died. The executor/personal representative must ensure that the person’s desires expressed in the will are carried out. Practical responsibilities include gathering the assets of the estate, obtaining information in regard to all beneficiaries named in the will and any other potential heirs, collecting and arranging for payment of debts of the estate, ensuring that estate taxes are calculated, forms are filed and tax payments are made.
The term probate refers to the entire process of administering the estate of a deceased person under court supervision, including when there is no will. The first step of the process is proving a will is valid and then administering the estate of the deceased according to the terms of the will. The will must be filed with the clerk of the appropriate court in the county where the deceased lived, along with a petition to have the court approve the will and appoint the executor named in the will. If the court determines the will is valid, the court then “admits” the will to probate.