When creating your estate plan, you’ll be asked to name individuals to carry out your wishes after your passing. Two of the most important roles are the Executor and the Trustee. While both are fiduciaries—meaning they are legally obligated to act in the best interests of your beneficiaries—their responsibilities, powers, and timelines differ.
This article will help you understand the distinction so you can make informed decisions when assigning these roles in your NetLaw documents.
What Does an Executor Do?
An Executor is the person named in your Last Will and Testament. Their job is to handle your affairs after death and guide your estate through the probate process.
Typical Executor Responsibilities:
Start the probate process by filing your Will with the court
Inventory your assets (real estate, accounts, personal items, etc.)
Settle debts and pay taxes, including filing your final income tax return
Distribute assets according to your Will
Report to the court if required (e.g., final accounting)
Timeline: The Executor’s duties are temporary and usually end once the estate is fully settled.
Oversight: Executors generally act under court supervision.
What Does a Trustee Do?
A Trustee is the person named in your Living Trust who manages the trust’s assets, either immediately or after your death. A Trustee’s role often lasts longer than an Executor’s, especially when the trust is used to manage ongoing distributions.
Typical Trustee Responsibilities:
Manage trust assets responsibly and in the best interest of beneficiaries
Follow the trust instructions for when and how assets should be distributed
File trust tax returns and manage any taxes owed by the trust
Maintain records and continue administration until the trust ends
Timeline: Trustees may serve for years, particularly in trusts for minor children or beneficiaries with special needs.
Oversight: Trustees usually act without court supervision unless required.
Executor vs. Trustee — At a Glance
Aspect | Executor | Trustee |
Authority From | Will | Trust Document |
Appointed By | Probate Court | Named directly in the Trust |
Duration | Temporary (until estate is settled) | Long-term (can last for years) |
Duties | Probate, debt/tax settlement, asset distribution | Manage trust, distribute assets, ongoing recordkeeping |
Court Oversight | Yes | Usually no |
Can One Person Serve as Both?
Yes, it’s common to name the same person as both Executor and Trustee, especially if your estate plan is straightforward. However, you may also choose different individuals if you want to divide responsibilities—for example, someone detail-oriented for probate and someone financially experienced to manage a trust.
→ Related: What Does a Trustee Do?
→ Related: What Is Probate?
→ Related: Who Can Serve as an Executor?
Tips for Choosing an Executor and Trustee
Choose someone responsible, organized, and trustworthy
Make sure they’re comfortable with the role and willing to serve
Consider naming backups (successors) in case your first choice is unable or unwilling to act
Talk to your appointees in advance so they understand what the role involves