Executor vs Successor Trustee in NC: What They Do & Key Differences
What's an Executor?
An Executor (sometimes called a Personal Representative) is the person you name in your Will to handle your affairs after you're gone. They're formally appointed by the court and responsible for probating your will and settling your estate.
Here's what matters: The Executor works under court supervision in most states. Some states allow "independent" administration without court oversight. If someone dies without a Will, the court appoints an "Administrator" instead—same job, different title.
How Do You Become an Executor?
Getting appointed isn't automatic. You need to file an application with the probate court. If nobody objects and you accept the role, the court issues Letters Testamentary. Think of these as your official permission slip to:
Gather estate assets
Sell property
Pay creditors
Open estate bank accounts
What Does an Executor Actually Do?
Your main job? Distribute estate assets according to the Will. No Will? You follow state law. But here's the catch—you can't just hand out money right away. You pay debts, taxes, and administrative costs first. Only then do beneficiaries get their share.
What's a Trustee?
A Trustee manages assets held in a trust. Big difference from an Executor? Assets in a living trust skip probate entirely. No court supervision needed. That saves time and money.
With most Revocable Living Trusts, you're your own Trustee while you're alive. You control everything—move assets in and out, change beneficiaries, even cancel the trust if you want.
When Do Other Trustees Step In?
Life happens. If you can't manage your affairs anymore (think cognitive decline or serious injury), your Incapacity Trustee takes over. When you pass away, your Successor Trustee distributes trust assets to beneficiaries and closes the trust—all without probate hassles.
Can You Have Multiple Executors or Trustees?
Yes, but think carefully. Having backups makes sense. Name them in sequence rather than making them serve together. Joint control creates complications.
Should Your Executor and Successor Trustee Be the Same Person?
Good question. The same person means lower costs and simpler administration. Different people prevent anyone from having total control. Both approaches work—it depends on your family situation and comfort level.
Ready to Choose Your Executor and Trustee?
Picking the right people protects your family's future. We help Raleigh families make these decisions every day. Our team knows North Carolina law inside and out. We'll guide you through the options and create a plan that works.
Contact our office to schedule your appointment. We offer video conferencing and phone meetings for your convenience. Let's figure out if avoiding probate makes sense for you—and the best way to do it.
Call 919-647-9599 or visit The Walls Law Group today!
