Executor and Trustee Guidance for Mammoth Lakes Residents

Start by separating the two roles

An executor is nominated in a will, but the nomination alone does not appoint that person as the estate’s personal representative. The probate court appoints a personal representative. A named executor should therefore distinguish the will’s nomination from authority granted through the probate process before taking steps that depend on that authority.

A successor trustee’s role is different. Trust administration depends on the terms of the trust and how assets are owned. Being named as successor trustee does not, by itself, answer whether a particular asset belongs to the trust or what the trustee is authorized to do with it.

Match each asset to its governing document

Before acting, make an inventory of known assets and note how each appears to be titled or held. Compare that information with the will, any trust documents, and available account or ownership records. This is a practical way to frame the central question: does the asset fall under the trust’s terms, or might it require a separate source of authority?

For example, if a family member was nominated as executor but an asset appears to be held in a trust, the will’s nomination does not itself resolve how that asset should be administered. Conversely, the existence of a trust document does not establish that every asset is trust property. The ownership records and governing terms need to be considered together.

• Gather the will and any available trust documents, including amendments.
• Collect a preliminary list of assets and records showing how they are held.
• Write down questions about assets whose ownership or governing document is unclear.

Identify where further authority may be needed

If you are named as executor, the key authority question is whether you have been appointed by the probate court as personal representative. A will can nominate you, but nomination and appointment are not the same. Avoid treating the will alone as proof that you have authority for actions requiring an appointed representative.

If you are acting as trustee, begin with the trust terms and the ownership of the assets at issue. Some questions may be resolved by reviewing those records; a dispute or an issue requiring interpretation of the trust can involve the court. Court involvement is not automatic for every trust administration, but the trust’s existence does not rule it out.

Prepare for a focused review

Bring the documents you have, even if the record set is incomplete. A concise timeline of events, a list of known beneficiaries or interested people, and notes identifying disputed or uncertain assets can help clarify which questions concern the will, the trust, ownership, or authority. These are preparation suggestions, not a substitute for determining what the governing documents require.

Codi M. Dada Law Office P.C. can advise the person serving or seeking to serve as executor or trustee about the authority question and the records to consider. The next useful step is to arrange a discussion with the documents and your asset list available. Whether additional court authority is needed depends on the role, the relevant documents, and the property involved.