I Am Doing My Estate Plan. What Is a Trustee and What Is a Personal Representative?

If you’re creating a will or trust as part of your estate plan, you’ve likely encountered the terms trustee and personal representative. Understanding the difference between these two roles—and choosing the right people to fill them—is crucial to ensuring your wishes are honored and your estate is managed properly after your death.

In this guide, we’ll explain what a trustee and personal representative are, how they fit into your estate plan, and the qualities to look for when selecting the right person for each role.

What Is a Personal Representative?

A personal representative (sometimes called an executor) is the person you name in your last will and testament to carry out the instructions in your will after your death. Their responsibilities typically include:

• Filing your will with the probate court
• Collecting and safeguarding your assets
• Paying your debts and taxes
• Distributing your estate to the beneficiaries you’ve named

This role only applies to assets that go through probate—meaning assets titled solely in your name that aren’t covered by a trust, joint ownership, or beneficiary designations.

The personal representative is supervised by the probate court and must act in the best interests of your estate and heirs.

What Is a Trustee?

A trustee is the person or institution you name in your revocable living trust (or another type of trust) to manage trust assets. A trustee’s duties begin if you become incapacitated and continue after your death.

Typical responsibilities of a trustee include:

• Managing and investing trust assets
• Paying expenses and debts of the trust
• Distributing trust assets according to your instructions
• Handling long-term management for assets left in trust (e.g., for minor children or special needs beneficiaries)

Unlike a personal representative, a trustee operates outside of probate and can begin managing your assets immediately upon your incapacity or death, without needing court approval.

Many estate plans include both a trust and a will, meaning you may name both a trustee and a personal representative. In some cases, this can be the same person, but it does not have to be.

Choosing the Right Trustee and Personal Representative

Choosing a trustee and personal representative is one of the most important decisions in your estate plan. These roles carry significant responsibilities and legal obligations, so select someone you trust to act in your best interests.

Key qualities to look for include:

• Responsibility: They must handle finances, legal obligations, and paperwork with care.
• Integrity: They are legally and ethically obligated to act in the best interests of your beneficiaries.
• Financial literacy: While they don’t need to be a CPA, they should be comfortable handling money and working with professionals.
• Organization and attention to detail: These roles involve paperwork, deadlines, and important decisions.
• Impartiality: Especially in families with potential for conflict, they should be able to act fairly and without bias.
• Availability and willingness to serve: It is a time-consuming role, so avoid naming someone who cannot realistically commit.

For complex estates, consider naming a professional fiduciary, such as a bank, trust company, or licensed private fiduciary, to serve as your trustee or personal representative if needed.