Legal Question in Wills and Trusts in Virginia
In Virginia, what is the difference between a Trustee and an Executor of a Will?
1 Answer from Attorneys
An executor is appointed by the will maker(testator) to carry out the directives set forth in
the will upon the demise of the testator and to perform the other duties required of the executor in order to lawfully administer the decedent's estate within the required time frame. When the business of administering the estate is complete (usually less than two years), the executor then closes it out and submits a report to the commissioner of accounts
A trustee is an individual or entity normally appointed by the maker of the trust (called the settlor) to administer the trust in the manner specified in the trust instrument usually for the benefit of at least one named beneficiary and for the term referenced therein. The settlor and the trustee could be the same or separate individuals or combination of individual and entity. The trust could continue to exist as a legal entity adminstered by the trustee for many years, depending upon its purpose/objectives as well as a variety of other factors.