Trustee vs. Executor – Is there a Difference? – McNamara Law Firm

People often mix up important legal terms, leading to confusion and errors. Trustees and Executors are just one example. These two players have very different roles and operate in different worlds – the Trustee in the world of written living Trusts, and Executors in the world of the probate court.
Hats they Wear: Trustees are bound by what the written Trust document says, while Executors settle a deceased person’s estate with the approval and oversight of the probate court.
How they Get Their Jobs: Trustees are appointed in the written Trust document, while Executors are appointed in the Will or appointed by the probate judge. An appointed Trustee can start their job when needed (for example, upon death or incapacity), while an Executor must be approved and/or appointed by the judge after death.
What “Rules” Do They Follow: For Trustees, the rules are contained in the law books and in the written Trust document. The Trustee must follow those rules, administer the trust estate, and distribute the assets to the beneficiaries in a timely and legal manner as stated in the Trust document. Unless the Trustee does something wrong, or has a problem, the court is not involved. In contrast, Executors must jump through the many hoops of the probate process and get judicial approval every step of the way, until the assets can be distributed to the beneficiaries.
Either role has legal obligations and must always act in the best interests of all beneficiaries. If you are called on to be a Trustee or Executor, it is a good idea to consult with a lawyer to understand your duties and obligations.
For an appointment, please call the McNamara Law Firm at (661) 287-3260, or visit www.theMcNamaraLawFirm.com.