Friday, October 28, 2005

Definitions: Executor vs Trustee

Q. What is the difference between an executor of a will and a trustee?

A. The term executor is used for the person responsible for handling the probate of an estate. Probate involves the court overseeing the distribution of the estate according to the person's Will.

A trustee is the person responsible for managing a trust. A trust is a separate legal entity that can be formed prior to death in order to avoid probate. Some Wills include provisions for a trust to be established, but that is only after the assets pass through probate.

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