The responsibilities of the executor of an estate are not tasks to be taken lightly.  As an executor, one has a fiduciary duty to the estate of the decedent and its beneficiaries.  Basically, this means that one could be held personally liable for any damages while serving in this capacity.  The executor also has the option of charging an executor’s fee for his or her work performed.  It is a common requirement in many states for either all of the beneficiaries to agree on the fee or for the court to approve it. 

The probate attorney’s job is to guide his or her clients through the probate process.  Even if one has been named executor, it is still beneficial to visit with a probate attorney to limit one’s liability.  Before officially hiring a probate attorney, discuss exactly what work is needed from him or her and what fee he or she expects to charge.  It is helpful on the front end to discuss these matters.  

To probate a will is to file it with the probate court.  This ensures that property correctly transfers and deadlines are met with the IRS, the State, and the court itself. 

Before trying to get all of your family members to name you as executor of their estates, it is important to remember that every state (and court) has different rules, their own procedures, etc.  Also, fees generally have to be approved, so don't get the calculator out just yet.  Finally, a local probate attorney can be a great help throughout the probate process.

Other Notes:

It is true that not all assets always pass through probate, and there are times when a simple form for a small estate under a certain dollar amount can be filed with the State.  These processes also vary from state to state.  Finally, just because someone died without a will does not necessarily mean one has avoided the probate court.  Each state has their own intestate succession laws that dictate distribution of assets.  Regardless, a local probate attorney may save you a great deal of time, money, and many headaches.