Sometimes an individual will be named as ‘Executor and Trustee’ in a will, usually where assets will not be handed over immediately to a beneficiary (eg a bequest to a child on reaching a certain age).
In otherwords, there is an Executor of a Will who handles only the Will. Then a Trustee of the Trust. Neither have anything to do with the other. Separate responsibilities. If the Executor and the Trustee are the same person, its still 2 different responsibilities.
Trustees are not in wills. Trustees are in Trusts. The Trustee is the manager of the Trust. When a Trust is created by the Trustor (the creator of the Trust) he then moves what property he wishes to move into the Trust. Say his home. That means going to pulblic records and recording that his home is owned not by HIM, but by the TRUST. Often, when the Trustor creates his Trust he also the manager of his trust, or the TRUSTEE. So he is both TrustOR and TrustEE. But he will then assign "successor trustee" who will manage and/or distribute the Trust upon his incapacity or upon his death. That may be a child, another trusted person, a spouse. Anyone he chooses. Upon Death the Trustee of the Trust will file the EIN number, gather all accounts of the Trust and properties, and begin to do his duty to manage or distribute the Trust. There may be things NOT in the trust. Those would be distributed as listed. Say a CD the person had in his name with his wife the POD (pay on death). The wife would take in death certificate and the account is then hers. If there is no one listed on some piece of property or asset, and it is not in the trust, then the trustee may have a spillover will in the trust that will say it was the "intention of the trustor to put this in the trust, and it should not be put into the trust".
As you can see as I go on, this is complicated stuff. You don't tell you what you are doing so we can't advise, but if you are involved in any way in creating a trust or if you are trustee of a trust then you need the ADVISE of a good Trust and Estate Attorney. Unless you are quite smart, none of this is DIY. Good luck.
A will is a statement by a person (the testator) about what happens to the testator’s assets after death. It can be changed at any time while the testator is still legally competent. It does not come into effect until the testator dies. Anyone named as a trustee or beneficiary has no rights at all while the testator is still alive.
Trustees are in Trusts.
The Trustee is the manager of the Trust.
When a Trust is created by the Trustor (the creator of the Trust) he then moves what property he wishes to move into the Trust. Say his home. That means going to pulblic records and recording that his home is owned not by HIM, but by the TRUST.
Often, when the Trustor creates his Trust he also the manager of his trust, or the TRUSTEE. So he is both TrustOR and TrustEE. But he will then assign "successor trustee" who will manage and/or distribute the Trust upon his incapacity or upon his death. That may be a child, another trusted person, a spouse. Anyone he chooses.
Upon Death the Trustee of the Trust will file the EIN number, gather all accounts of the Trust and properties, and begin to do his duty to manage or distribute the Trust.
There may be things NOT in the trust. Those would be distributed as listed. Say a CD the person had in his name with his wife the POD (pay on death). The wife would take in death certificate and the account is then hers.
If there is no one listed on some piece of property or asset, and it is not in the trust, then the trustee may have a spillover will in the trust that will say it was the "intention of the trustor to put this in the trust, and it should not be put into the trust".
As you can see as I go on, this is complicated stuff.
You don't tell you what you are doing so we can't advise, but if you are involved in any way in creating a trust or if you are trustee of a trust then you need the ADVISE of a good Trust and Estate Attorney. Unless you are quite smart, none of this is DIY.
Good luck.