Public Guide
Executor and Trustee Roles: General Comparison
A general comparison of probate personal representatives and trustees, including authority, property, oversight, duties, and duration.
An executor or personal representative administers a probate estate under a will, statute, and court authority. A trustee administers property held in a trust under the trust instrument and governing law.
An executor's authority commonly begins after court appointment and issuance of evidence of authority. A trustee's authority can begin under the trust's terms without the same probate appointment, although court involvement may arise.
Both roles can involve fiduciary duties, recordkeeping, asset management, creditor or expense payment, tax matters, accountings, and distributions. The beneficiaries, property, standard of care, compensation, bond, court supervision, and duration differ by document and state law.
One person may serve in both roles, but the assets and legal capacity remain distinct.
This page provides a general comparison and does not determine authority, fiduciary duties, compensation, or the proper administration of an estate or trust.