How Long Do I Have to Become the Executor?

Hey there, my name is Ron Payne. I’m the CEO and Managing Partner of Apple Payne Law in Kernersville. And a common question I hear is, how long do I have to file to become the executor?

Well, there’s two things you need to know.
First, you can’t file in less than 30 days until somebody has been deceased for at least 30 days, you can’t open the estate yet. We have to give the dust time to settle a little bit.

Secondly, now if you’re named in the will as the executor, we don’t have to wait the full time. But secondly, you do need to file within 90 days, if possible, because if after 90 days, nobody has stepped up and creditors come knocking, others can apply to be the executor of the estate.

Now, they would still need to give the family notice. So if you’re the closest heir, or can, they would need to give you notice, but it kind of puts you behind the eight ball at that point. You need to wait at least 30 days, but you don’t want to wait more than 90 days.

I hope this has been helpful. And if for more helpful tips and legal advice, follow us on YouTube and like to subscribe.

If you’d like to set up a consult on how we can help with your estate plan, or if somebody’s recently passed away, and you’d like to talk to a lawyer about what your options are, give us a call at (336) 281-6928 and we’ll be happy to meet with you and see what your options are and see if you need to apply to be the executor and how we can help.

Thanks. Hope this has been helpful and have a great day.

Author Bio

Ronald D. Payne II
Ronald D. Payne II is the CEO and Managing Attorney of Apple Payne Law, a North Carolina law firm he founded in 2018. With more than 11 years of experience practicing law, he is dedicated to representing clients in a wide range of legal matters, including business law, estate planning, family law, probate, and traffic law.

Ronald received his Juris Doctor from the Wake Forest University School of Law and is a member of the North Carolina Bar Association. He has received numerous accolades for his work, including being awarded the 2020 Client’s Choice Award by Avvo and multiple Rising Star awards from Super Lawyers.

LinkedIn | State Bar Association | Avvo | Google

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