Executor and Successor Trustee Guidance in Rio Dell

Start by identifying the role and its source

A will can nominate an executor, but the probate court appoints the personal representative. A person named in a will should therefore distinguish the nomination from appointment before treating it as authority to act for the estate.

• If you are named in a will, note whether your role is a nomination or whether the court has appointed you.
• If you are named in a trust, review the trust terms to understand the role described and the circumstances in which it applies.

Compare the will, trust and asset ownership

Trust administration depends on both the trust’s terms and how assets are owned. The will and trust should not be read in isolation from records showing which assets are associated with the trust and which may be handled through probate.

Before deciding whether a document needs to change, identify any mismatch among the named people, the instructions in the documents and the ownership shown in asset records. That comparison helps frame the question; it does not, by itself, resolve authority or determine how an asset must be administered.

• Set the current will and any available trust document side by side.
• Make a working list of assets and the ownership information shown in available records.
• Note differences between the documents and records, and questions about which role applies to each asset.

Keep probate and trust administration distinct

Probate administration and trust administration are not interchangeable simply because the same person is named in both documents. A will’s nomination is subject to court appointment, while trust administration depends on trust terms and asset ownership.

Trust administration may also involve court proceedings when there is a dispute or a question about how to interpret the trust. If that issue arises, the practical question is not only what the document says, but whether a disagreement or interpretive uncertainty needs to be addressed through the court.

Prepare for a focused review

Gather the current will, trust documents you have, and available records showing asset ownership. Add a brief list of who is named in each document and any differences or uncertainties you have noticed. This preparation can make it easier to discuss which document governs a question and what further information is needed.

A useful next step is to discuss the document-and-ownership comparison with counsel before acting on an assumption that a nomination alone gives authority or that every asset is handled under the trust.