The Difference Between a Trustee and an Executor in California

Introduction

When creating an estate plan, you may come across the terms “trustee” and “executor.” Although these roles both involve managing a person’s affairs, they serve different purposes. Understanding the distinction can help you make informed decisions when selecting individuals to carry out your wishes in California.

What Does an Executor Do?

An executor is the person named in a will to manage a person’s estate after death. Their responsibilities generally include gathering assets, paying valid debts and taxes, handling the probate process when required, and distributing property according to the terms of the will.

An executor’s authority typically begins after the person’s death and may require court involvement, depending on the circumstances. Once the estate has been properly administered and distributed, the executor’s responsibilities generally come to an end.

Choosing a responsible and organized executor is important because they will oversee many administrative tasks during a difficult time for surviving family members.

What Does a Trustee Do?

A trustee manages property that has been placed into a trust. In many California estate plans, the person creating the trust serves as the initial trustee during their lifetime and names a successor trustee to take over if they become incapacitated or after their death.

Unlike an executor, a trustee generally administers trust assets according to the trust document rather than a will. Depending on the terms of the trust, the trustee may manage investments, pay expenses, communicate with beneficiaries, and distribute assets over time or in accordance with specific instructions.

In some estate plans, the same individual may serve as both executor and trustee. In others, different people are chosen based on their experience, availability, and ability to fulfill each role.

Conclusion

Trustees and executors both play important roles in carrying out an estate plan, but they have different responsibilities and authority. This article is provided for general informational purposes only and should not be considered legal advice. If you have questions about choosing an executor or trustee, consult an experienced California estate planning attorney to discuss your specific circumstances and goals.