executor.org
By Patrick O’Brien
January 14th, 2025
What’s the difference between an executor and trustee, and why does it matter?
When serving in the executor role, you may find that the deceased created trusts during her lifetime or even through her will. So you are curious about your role as an executor vs. the role of the trustee. To understand the similarities and differences, we’ll start by talking about the executor role and the trustee role. Then we’ll compare the two. And finally, we’ll explore a frequently asked question—who has more power: executor or trustee?
What is an executor?
An executor helps with the final administration of a deceased person’s estate. An executor follows the will and state laws to complete the tasks necessary to close the estate and distribute any assets to the estate’s beneficiaries.
What is a trustee?
A trustee manages assets of a trust. There are several different types of trusts and therefore trusts can be used for many purposes. The documents establishing the trust should say what type of trust it is.
Comparing the roles of an executor and a trustee
An executor and a trustee both have documents that are used to govern what they can and cannot do. The will and the trust document give instructions about what must be done. An executor and a trustee both have responsibilities that they must execute appropriately and can be held accountable if they do not act as they should. But where an executor’s work only begins after the will-writer dies, a trust can be established and become active during the lifetime of the person who establishes it.
