Quick Answer
A personal representative administers a probate estate, while a trustee administers a trust.
Both are fiduciaries with duties of prudence, loyalty, and good faith, but they operate under different laws and processes.
What Is a Personal Representative?
A personal representative (sometimes called an “executor” or “administrator”) is appointed to manage the estate
of a deceased person during probate. Core tasks include gathering and protecting assets, paying valid debts and taxes,
and distributing what remains to beneficiaries—primarily under
Chapter 733, Florida Statutes (Florida Probate Code).
- Publish Notice to Creditors
- File the inventory of assets
- Manage and protect estate property
- Pay claims, debts, and taxes
- Distribute remaining assets to beneficiaries
What Is a Trustee?
A trustee manages property held in trust for beneficiaries, following the terms of the trust and the
Florida Trust Code (Chapter 736). Trusts may be created during life (inter vivos) or at death (testamentary).
Core responsibilities include:
- Administer per the trust’s terms
- Invest trust assets prudently
- Distribute income or principal as specified
- Maintain accurate records and reports
Key Differences
- Legal framework: Probate law (Ch. 733) vs. trust law (Ch. 736)
- How they’re appointed: Court-appointed personal representative vs. trustee named in a trust document
- What they manage: Estate administration vs. ongoing trust management
- Notice requirements: Probate notices differ from those in trust administration
Important Similarities (Fiduciary Duties)
Both roles are fiduciaries with duties of prudence, loyalty, and good faith.
They must avoid conflicts of interest and commingling of assets.
Breaches can result in personal liability for losses to beneficiaries or creditors.
Can One Person Serve as Both?
Yes. The same individual can be both personal representative and trustee—for example,
where an estate includes a related trust. Florida law recognizes this arrangement,
though careful recordkeeping and separation of roles are essential to avoid conflicts.
Frequently Asked Questions
Is probate always required?
Not always. It depends on how assets are titled and whether they pass by beneficiary designation or other non-probate means.
Speak with counsel to determine your specific situation.
How long does a personal representative serve?
Typically only during the probate process—until debts are handled and all assets are distributed to beneficiaries.
How long does a trustee serve?
A trustee may serve for years, depending on the terms of the trust and the beneficiaries’ ongoing needs.
Who oversees a trustee if there’s no court case?
Beneficiaries have rights to information and can enforce fiduciary duties under the Florida Trust Code.