10/17/2026
Do you know if you need a Trustee or an Executor? Check out this very informative post from Guide participant, Rasmussen Law, PLLC.
Not sure whether you need a trustee or an executor, or what separates the two? You are in good company. Even people who have signed both documents mix them up.
Quick North Carolina version:
▪️Executor. Named in your will, and also called a personal representative here. This person cannot act until the Clerk of Superior Court reviews an application, takes their oath, and issues letters granting authority. Then they inventory what you owned, notify creditors, pay valid debts, and distribute the remainder under the clerk's supervision.
▪️Trustee. Named in your trust. No court appointment, no letters, no public filing. They manage and pay out what the trust holds according to the instructions you wrote, and they can usually begin the day they are needed.
That distinction is a big part of why many families choose a trust. Typically less waiting, less paperwork, and far less of your business in the public record.
Naming the right people matters more than most clients expect. We can talk it through at rsmlawteam.com.