What is the difference between a California executor, administrator, and trustee?
For those who have never been involved in handling the affairs of a loved one, this process can be overwhelming. Often, individuals question what it is to be a California executor, administrator, and trustee. Fortunately, an experienced Riverside probate attorney can walk you through the estate administration process. An experienced attorney can also help you understand your role and responsibilities.
Each of these three roles, California executor, administrator, and trustee are different and apply in distinct situations. The following is an overview:
An executor is a person named under a validly executed California will. The executor is in charge of carrying out the wishes of the deceased as he or she outlined in the will. The deceased may have named any individual that he or she wanted to serve in this role.
A California administrator is a person entrusted with the responsibility of administering the estate of a deceased when the deceased passed without leaving a validly executed will. California probate laws and intestacy rules dictate which individuals can serve in this role, how an appointment as administrator is obtained, and how and to whom the administrator must distribute the property of the deceased.
A trustee is an individual named under a trust to oversee the administration of trust property. The trustee does not have authority over the property of the deceased that is not held in the trust. Similarly, neither the executor nor the administrator has the authority to dictate the distribution of property that is held in trust. The trustee could be an individual or a corporate entity. The trustee must carry out the wishes of the deceased as he or she outlined in the trust instrument.
To learn more about what it is to be a California executor, administrator, and trustee, contact an experienced Riverside trust lawyer at our toll-free number: (888) 443-6590. It would be our pleasure to further assist you.