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Here’s the plain-English difference between an executor, administrator, and trustee—and how to quickly confirm who’s actually in charge.
When someone dies, families usually don’t get stuck because the work is “hard.” They get stuck because they don’t know who has the right to act. Banks won’t talk. Accounts get frozen. Someone says, “I’m the oldest,” or “I’m the spouse,” or “I have the password,” and none of that is the same thing as legal authority.
This article clears up the three roles that matter most early on: executor, administrator, and trustee. We’ll also cover the most common surprises—like why a power of attorney stops working at death, and why a will doesn’t automatically make you “in charge” on day one.
This is general education, not legal advice. Rules vary by state, and edge cases exist. But this will get you oriented fast.
The one-sentence takeaway
- Executor: Named in a will, then appointed by a probate court to handle probate assets.
- Administrator: Appointed by a probate court when there’s no will (or no executor who can serve).
- Trustee: Named in a trust document to manage trust-owned assets, usually without court involvement.
A lot of the early frustration in estate settlement comes from using the right word for the wrong job.
Start with this: “Personal Representative” is the umbrella term
Many states use Personal Representative (PR) as the umbrella term for the person the court appoints to manage the probate estate.
- If there’s a will: the PR is often called the executor.
- If there’s no will: the PR is often called the administrator.
So when someone says “personal representative,” they may mean either executor or administrator. The practical point is the same: it’s the court-appointed person for probate matters.
Role #1: Executor (the will names them, the court empowers them)
What an executor does
An executor is typically responsible for:
- Locating and safeguarding assets that are part of the probate estate
- Notifying beneficiaries and (often) creditors
- Paying legitimate estate expenses and debts in the correct order
- Filing required court paperwork (directly or via an attorney)
- Handling tax-related tasks (often with a CPA)
- Distributing remaining assets to beneficiaries according to the will (and court rules)
The common misconception
Being named as executor in a will does not always mean you can act immediately.
In most cases, you need the court to issue documents (often called Letters Testamentary) that prove you have authority. Banks and institutions tend to care far more about those letters than about what the will says.
Practical reality
If you’re named as executor, you can usually start organizing and collecting information immediately. But acting on accounts (closing, transferring, selling, moving money) often requires court-issued proof.
Role #2: Administrator (no will, or the will can’t be used as-is)
When you get an administrator instead of an executor
An administrator is appointed by the court when:
- There is no will (intestate estate), or
- The will exists but doesn’t name an executor, or
- The named executor declines, is unable to serve, or is disqualified
What an administrator does
The job is very similar to an executor’s job. The biggest difference is the distribution rules:
- With a will, distribution follows the will (within legal constraints).
- Without a will, distribution follows state intestacy laws.
The document you’ll hear about
Instead of Letters Testamentary, the court typically issues Letters of Administration (or something close in naming). Same idea: proof that the court appointed you and you can act for the estate.
Role #3: Trustee (trust assets, trust rules, usually no probate court)
A trustee is the person responsible for managing assets that are owned by a trust.
What a trustee does after death
Depending on the trust terms, a trustee may need to:
- Take control of trust bank/brokerage accounts
- Maintain or sell trust-owned real estate
- Pay expenses that the trust is responsible for
- Work with professionals (tax, legal, valuation)
- Distribute assets to trust beneficiaries according to the trust
The key detail: a trustee can only control assets actually in the trust
A trust can be perfectly written and still fail to avoid probate if assets were never titled into it.
This is the “trust surprise” that causes a lot of confusion:
- The family says, “We have a trust, so there’s no probate.”
- Then they realize the house is titled in the individual’s name, not the trust’s name.
- Result: you may have a trustee and a probate court appointment happening in parallel.
The role people bring up that does not keep working: Power of Attorney
A power of attorney (POA) is authority granted by a living person to an agent. In most cases:
A POA ends the moment the person dies.
That means:
- You may have been managing bills and accounts last week as POA.
- Today, after death, that authority is usually gone.
- Institutions will treat continued use as unauthorized (even if you “meant well”).
If you’re in this situation, don’t panic. It’s common. Just switch gears: your next step is confirming whether you’re the executor/administrator or trustee—or supporting whoever is.
Who is not automatically in charge (even if it feels like they should be)
These assumptions cause the most delays and conflict:
- “I’m the spouse, so I’m in charge.”
Not necessarily. You may have priority to serve, but you still often need formal authority. - “I’m the oldest child.”
That’s not a legal category for authority. - “Everyone agrees it should be me.”
Helpful for family harmony, but institutions still require legal documentation. - “I have the passwords.”
Password access is not authority, and using it can create problems. - “I’m a beneficiary, so I can call and manage it.”
Beneficiaries have rights to information and distribution—typically not authority to transact.
The fastest way to figure out who’s in charge: ask four questions
If you’re early in the process and confused, run this quick diagnostic:
- Is there a will?
If yes, the will likely names an executor. - Is there a trust?
If yes, the trust names a trustee (or successor trustee). - What assets are owned by the trust (if it exists)?
If major assets are in the trust, the trustee has real work to do immediately. - Are there assets that are NOT in the trust and NOT set up to transfer automatically?
If yes, probate may be needed, and the court-appointed executor/administrator becomes critical.
You can do this in under an hour if you have access to basic documents and statements.
A simple mental model: “What needs court authority” vs. “what transfers automatically”
Many tasks don’t require probate authority because assets pass by contract or title. Examples:
- Life insurance with a beneficiary
- Retirement accounts with beneficiaries
- Payable-on-death bank accounts
- Joint accounts with rights of survivorship
- Trust-owned accounts and property
Probate authority is usually needed for:
- Assets titled solely in the deceased person’s name with no beneficiary path
- Complex creditor situations
- Disputes or unclear ownership
- Certain real estate transfers
- Situations where institutions require court documents to proceed
This is why families can sometimes make real progress while probate is pending: you work the “automatic transfer” lane while you prepare for the “court authority” lane.
Can one person be executor and trustee?
Yes, often. It’s common for one person to wear multiple hats:
- Executor (probate assets)
- Trustee (trust assets)
- Family coordinator (communication, logistics)
That’s useful, but it’s also where people accidentally commingle money, mix responsibilities, or lose track of which rules apply. If you’re doing both, your best protection is clean documentation and a clear separation of accounts and decisions.
What you’ll need to prove authority (practically speaking)
Institutions typically ask for some combination of:
- Certified death certificate
- Government-issued ID for the person acting
- Court-issued letters (executor/administrator) or trust certificate / trust documentation (trustee)
- The will and/or trust (sometimes)
- An EIN for the estate or trust (sometimes, depending on the institution and account type)
You don’t need to gather everything before you start. But you should expect that proof of authority is the gate you’ll hit repeatedly.
What to do next: a clean, low-drama next step list
If you’re early and unsure who’s in charge, here’s the safest path:
- Locate the will and trust documents (if they exist).
Don’t rely on memory or family stories. Find the paper. - Identify the named executor and successor trustee.
Write down names, contact info, and whether they’re willing to serve. - Start an estate activity log immediately.
Record calls, documents found, and decisions made. This protects everyone. - Separate “information gathering” from “acting.”
You can gather statements, identify accounts, and list assets without taking unauthorized actions. - If probate is likely, begin the court appointment process early.
The calendar starts once you begin. Waiting rarely makes it easier. - Avoid early distributions.
Even “informal” distribution can create accounting, fairness, and tax problems later.
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