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Five Differences Between an Executor vs. a Trustee in California

By July 21, 2025No Comments

Table of Contents

  • Key Takeaways
  • Why It Matters to Understand the Difference
  • Executor vs. Trustee: What’s the Difference?
    • 1. Court Oversight
    • 2. Source of Authority
    • 3. Appointment Process
    • 4. Control Over Assets
    • 5. Role in Estate Administration
  • FAQ
  • Related Resources
  • How The Grossman Law Firm Can Help

Key Takeaways

  • Executors manage probate estates under court supervision; trustees administer trusts without court involvement.
  • Executors follow the terms of a will, while trustees follow the terms of a trust.
  • The probate court appoints executors; trustees accept their roles based on the terms of the trust documents.
  • An executor’s authority only extends to assets not held in trust.
  • The Grossman Law Firm assists Californians in understanding and enforcing their rights in both probate and trust administration.

Five Differences Between an Executor vs. a Trustee in California

Why It Matters to Understand the Difference

When a loved one passes away, family members are often unsure who handles what, and whether the estate involves a will, a trust, or both. While the roles of an executor and a trustee may sound similar, they operate under very different rules and legal frameworks in California.

At The Grossman Law Firm, Attorney Scott Grossman has over 20 years of experience guiding clients through both probate and trust administration. Understanding the key differences between an executor and a trustee is essential for beneficiaries who want to protect their rights and ensure the estate is handled properly.

Executor vs. Trustee: What’s the Difference?

Here are five important distinctions between the two roles:

1. Court Oversight

  • Executor: Must administer the estate under probate court supervision. Every major action—such as selling property or distributing assets—requires court involvement or approval.
  • Trustee: Usually handles the administration of the trust without court supervision, unless litigation arises.

2. Source of Authority

  • Executor: Carries out the terms of a will.
  • Trustee: Carries out the terms of a trust agreement.

3. Appointment Process

  • Executor: Appointed by the probate court after the will is admitted to probate.
  • Trustee: Typically accepts their role by signing a written acceptance after the trust becomes irrevocable (usually after the settlor’s death).

4. Control Over Assets

  • Executor: Has authority only over assets subject to probate, such as property in the decedent’s name alone without a beneficiary designation.
  • Trustee: Manages all assets titled in the name of the trust, including real estate, bank accounts, and investments.

5. Role in Estate Administration

  • Suppose most of the decedent’s property was titled in a trust. In that case, the executor’s role may be limited to a few probate-only items.
  • The trustee handles the majority of administration, including asset management, debt payment, and distribution to beneficiaries.

FAQ

Can someone serve as both executor and trustee?

Yes. In many cases, the same person is named in both roles, but they must keep trust and probate matters separate and follow the rules that apply to each.

What if there’s no will and no trust?

The court will appoint an administrator to handle the probate estate. This person functions similarly to an executor but is not named in a will.

Does the trustee have to file anything with the court?

Not usually. Unless there’s a dispute or trust litigation, trust administration occurs outside of court.

Who pays debts and taxes—executor or trustee?

Each party pays its debts and taxes from the assets it controls. The executor handles debts tied to probate assets, while the trustee manages debts related to trust assets.

Related Resources

How The Grossman Law Firm Can Help

Understanding the difference between an executor and a trustee is just the beginning. Whether you’re navigating probate, trust administration, or facing a legal dispute over an estate, The Grossman Law Firm can help.

Attorney Scott Grossman and his team represent heirs and beneficiaries throughout California in probate and trust litigation. If you believe an executor or trustee is not fulfilling their duties—or if you’ve been named in one of these roles and need guidance—we’re here to assist.

Call (888) 443-6590 or fill out our Get Help Now form.

Our Intake Specialists can evaluate your case at no cost to you to assess your situation. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.