What a Trustee Does
A trustee runs the trust based on its terms. The trust document gives them their power. When you create a revocable living trust, you usually serve as your own trustee while alive. You also name a backup trustee to step in if you get too sick to act or after you pass away.
The backup trustee's duties include:
- Making a list of trust assets
- Letting beneficiaries (the people set to receive assets) know
- Paying debts and costs from trust funds
- Giving out assets based on the trust terms
- Filing any needed tax returns
The trustee does all of this without court help. There is no probate filing. No judge signs off on each step. No public record. The trustee acts based on the trust alone.
What a Personal Representative Does
A personal representative (called an executor in some states) runs the probate process. If you die with a will, your will names this person. The court then makes it official. If there is no will, the court picks someone based on a ranked list under A.R.S. 14-3203.
The personal representative's duties include:
- Filing the will with the court and opening probate
- Posting a notice to creditors
- Listing and valuing all probate assets
- Paying valid debts from estate funds
- Giving out what is left to the beneficiaries
- Filing a final report with the court
Unlike a trustee, this person works under court watch through probate. Big choices may need court approval. The process is public and anyone can look up the records.
Key Differences at a Glance
- Authority: A trustee gets power from the trust document. A personal representative gets power from the court.
- Court role: Trust handling is private. Probate is a public court process.
- Timeline: Trust handling often wraps up in weeks to months. Probate usually takes six months to over a year.
- Cost: Trust handling costs less since there are no court fees or required filings.
- Scope: A trustee manages only trust assets. A personal representative manages only probate assets.
Why You May Need Both
Many estate plans use both roles. The trustee handles assets in the trust. The personal representative, named in a pour-over will, handles anything outside the trust. This includes personal items, vehicles, and accounts never moved into the trust.
Life insurance and accounts with named beneficiaries pass outside both. They go straight to the people listed on those forms.
A power of attorney fills yet another role. It covers choices during your life if you cannot act on your own. It does not apply after death. That is where the trustee and personal representative step in.
For a deeper look at how these tools work together, read our guide on trusts vs. wills. Knowing each role keeps things running smoothly. No surprises down the road.