Many people use the terms trustee and executor interchangeably — but they are not the same thing.
Both roles involve managing someone’s money and carrying out legal instructions. However, they operate in different documents, at different times, and under different rules.
Understanding the difference can help you make better decisions when creating your estate plan.
What Is an Executor?
An executor (sometimes called a “personal representative”) is the person named in your Will to handle your affairs after you pass away.
The executor’s job includes:
- Filing the Will with the probate court
- Gathering assets
- Paying debts and taxes
- Distributing assets according to the Will
- Closing the estate
Key Point:
An executor only has authority after death and only during the probate process.
Once the estate is fully administered and assets are distributed, the executor’s job ends.
What Is a Trustee?
A trustee is the person or institution named in a Trust to manage trust assets.
A trustee’s responsibilities may include:
- Managing investments
- Making distributions to beneficiaries
- Filing trust tax returns
- Keeping records and accountings
- Following detailed instructions in the trust document
Unlike an executor, a trustee’s role can begin:
- While you are alive (if you become incapacitated)
- Immediately upon death
- Or continue for many years after death
Key Point:
A trustee manages assets that are held inside a trust — often long-term.
The Biggest Differences
| Executor | Trustee |
|---|---|
| Named in a Will | Named in a Trust |
| Handles probate | Avoids probate (if assets are properly funded into the trust) |
| Authority begins at death | May act during life or after death |
| Role is usually short-term | Role can last for years |
| Overseen by probate court | Overseen by trust law (often without court supervision unless there’s a dispute) |
Do You Need Both?
Sometimes, yes.
If you have:
- A Will only → You need an executor.
- A Revocable Living Trust → You need a trustee (and often a “pour-over” Will with an executor as backup).
Even people with trusts usually still have a Will to handle any assets not properly transferred into the trust.
Which Role Is More Work?
It depends.
Being an executor involves:
- Court filings
- Strict probate deadlines
- Debt resolution
- Asset distribution
Being a trustee can involve:
- Ongoing investment management
- Long-term administration
- Regular distributions
- Tax filings
- Detailed fiduciary duties
If a trust lasts for years (for example, for minor children), being a trustee can be a significant responsibility.
Can the Same Person Serve as Both?
Yes.
Many people name the same individual to serve as:
- Executor of their Will
- Trustee of their Trust
However, in more complex estates — or where family dynamics are delicate — different people (or a corporate trustee) may be appropriate.
Why This Matters
Choosing the right executor or trustee is one of the most important decisions in your estate plan.
You want someone who is:
- Responsible
- Organized
- Financially competent
- Neutral when necessary
- Willing to serve
Making a thoughtful decision now can prevent stress, conflict, and unnecessary legal expense later.
If you’re unsure whether you need a Will, a Trust, or both — or you’re reconsidering who you’ve named to serve — our office can walk you through your options and help you make the right choice for your family.
