What is the difference between an executor and a trustee?

The roles of an executor and a trustee are similar but distinct in estate planning law in California. An executor is a person or institution named by the deceased person (testator) in a legally-executed will to direct the disposal of the testator’s estate; the executor is the administrator of the will and can distribute assets as directed by the will. A trustee is a person or institution that is appointed by the court to manage the property or estate of a person who is either deceased or incapacitated. This is often done if the deceased does not have a will or the will does not specify who should manage the assets. The trustee’s job is to manage the property, invest it, and make sure the assets are allocated in accordance with California law. In some cases, a person may be both the executor and trustee of a person’s estate. This is the case when the deceased’s will names a person as executor and the court also appoints them as trustee. The executor will manage the estate based on the wishes of the deceased and will be responsible for settling any debts and distributing the assets as specified in the will. The trustee will ensure that the assets are managed appropriately and invested safely according to the law.

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