Executor vs. Trustee: Who Does What

Quick Answer:
An executor manages a will and settles the estate through probate court. A trustee manages a trust and the property held in it, usually without court. They handle different assets: the executor handles everything in the person’s name alone, and the trustee handles everything titled in the trust. One person is often named to both roles.

If you have been named an executor or trustee, it is easy to wonder whether the jobs are really the same. Both can involve looking after a home, but they get their authority from different places. Before making plans to sell, it helps to understand which role applies to the property.

Executor vs. Trustee at a Glance

	Executor	Trustee
Named in	A will	A trust
Official authority from	The probate court	The trust document
Manages	Property in the person’s name alone	Property titled in the trust
Court involvement	Probate court oversees the estate	Usually none
When the role starts	After the court appoints them	As soon as the prior trustee can no longer serve
Public or private	Part of the public court record	Private
How the house is sold	As a probate sale	As a trust sale

What Does an Executor Do?

An executor carries out the instructions in a will. After the court appoints them, the executor gathers the person’s assets, notifies creditors, pays debts and final taxes, and distributes what remains to the heirs. In Washington and several other states, the official title is personal representative. When there is no will, the court appoints an administrator who does the same job.

If the home is in the person’s name alone, the executor sells it through probate. My guide to selling a house in probate walks through that process.

What Does a Trustee Do?

A trustee manages the property held in a trust and follows the trust’s instructions. With a revocable living trust, the person who created it is usually their own trustee during their lifetime. When they pass away or can no longer manage their affairs, the successor trustee named in the trust steps in.

The trustee keeps beneficiaries informed, cares for the property, pays expenses, and distributes the assets as the trust directs. If the home is titled in the trust, the trustee can sell it without probate. See my guide to selling a house in a trust.

Successor Trustee vs. Executor

The successor trustee is the person who takes over a trust after the original trustee. The executor handles the will. One difference you may notice early on is timing: a successor trustee can usually act as soon as they have a death certificate and a certification of trust, while an executor waits for the court’s appointment.

Who Has More Power, Executor or Trustee?

Neither one outranks the other. Each has full authority over a different set of property. The trustee controls what is titled in the trust, and the executor controls what passes through the will. A trustee generally has more freedom to act without court approval, and an executor has the court’s backing behind every step.

Does a Trust Need an Executor?

Often, yes, and it is usually a small job. Most people with a living trust also have a pour over will, which moves anything left outside the trust into it. If everything was already in the trust, the executor may have little or nothing to do. If a home or account was never retitled, the executor handles it, sometimes through a short probate.

Can One Person Be Both Executor and Trustee?

Yes, and it is very common. Many people name the same trusted family member as executor of their will and successor trustee of their trust. The responsibilities stay separate, even when the same person handles both jobs.

Executor vs. Trustee vs. Power of Attorney

A power of attorney lets someone act for a person while they are living, such as signing to sell their home if they move into assisted living. A power of attorney ends at death. After that, the executor handles the will and the trustee handles the trust.

Can a Trustee or Executor Sell the House?

Yes. A trustee can sell property held in the trust when the trust gives that power, and most do. That includes many irrevocable trusts. An executor can sell once appointed by the court, either on their own authority or with court confirmation, depending on the state.

Can an Executor Sell Property Without All Beneficiaries Approving?

In many cases, yes. When the will and the court give the executor authority to sell, the law usually asks for notice to beneficiaries rather than a vote. Trustees often have the same authority under the trust. Both have a duty to act in the beneficiaries’ best interest, so sharing the appraisal, the price and each offer is always the best approach. An attorney can confirm the notice rules in your state.

Frequently Asked Questions

Is a trustee the same as an executor?

No. An executor settles a will through probate court, and a trustee manages a trust, usually without court. The same person can serve in both roles.

What power does an executor of a trust have?

An executor does not manage a trust. If someone calls you the executor of a trust, your official title is trustee, and your powers come from the trust document.

Do you need an executor if you have a trust?

An executor may still have a role when there is a pour over will. That will addresses property that was not moved into the trust.

Do executors and trustees get paid?

Both are entitled to reasonable compensation under state law or the document that names them. Many family members choose to serve without pay.

What is a personal representative?

Personal representative is the official title for the person who settles an estate in many states, including Washington. It covers both an executor named in a will and an administrator appointed when there is no will.

For more detail, you may also like my posts on selling a house with power of attorney and how an estate sale compares to a trust sale.

About the Author

Jolene Baijot is a real estate agent and Designated Broker with more than 25 years of experience and over 1,000 transactions. She holds the Certified Probate Real Estate Specialist (CPRES) and Accredited Buyer’s Representative (ABR) designations and works with executors, trustees and their attorneys on the sale of inherited homes. Learn more about how Jolene helps with probate and trust sales.

Not Sure Which Role You Have?

If you are responsible for the home, we can talk about what needs to happen before it is ready to sell. I can help you plan the real estate side while your attorney confirms your authority and responsibilities. Schedule a free 15 minute call to get started.

This guide is general real estate information. An estate attorney can advise you on your duties as executor or trustee and the rules in your state.