Understanding the Legal Duties of a Personal Representative vs. a Trustee After Someone Dies
When a loved one passes away, family members are often left sorting through not only grief, but also a maze of paperwork, property, and questions about “who’s in charge.” You may hear terms like executor, administrator, personal representative, or trustee — sometimes used interchangeably, but they actually describe very different legal roles.
In Kansas City and the surrounding areas — whether you’re in Jackson County, Johnson County, or Clay or Wyandotte — understanding the difference between a personal representative and a trustee can help you know what to expect, avoid mistakes, and keep the estate or trust process running smoothly.
1. The Personal Representative: The Court-Appointed Fiduciary
A personal representative (also called an Administrator in Kansas) is the person appointed by the probate court to manage the probate estate — meaning the property that must pass through court supervision after death.
Their duties are guided by state law — Chapter 473 of the Missouri Revised Statutes and Chapter 59 of the Kansas Statutes — and typically include:
Collecting and securing assets of the deceased person
Notifying heirs, beneficiaries, and creditors that the estate has been opened
Paying valid debts and taxes before anyone receives an inheritance
Filing required reports and accountings with the probate court
Distributing remaining property according to the will (or, if there’s no will, according to Missouri or Kansas intestacy laws)
The personal representative answers directly to the probate judge, who must approve most major actions, including selling real property or closing the estate. Every dollar spent or received must be accounted for, and detailed documentation is required at every step.
If the deceased lived in Jackson County, Missouri, for example, the personal representative must file an initial inventory, obtain court approval for certain transactions, and later submit an annual or final accounting that “balances to the penny.” In Johnson County, Kansas, similar duties apply under the District Court’s supervision, though local forms and deadlines differ slightly.
In short, the personal representative operates under the watchful eye of the court.
2. The Trustee: The Private Manager of the Trust Estate
A trustee, by contrast, does not work through the probate court. Their authority comes directly from the trust agreement — a private document created by the person who established the trust (often called the grantor or settlor).
After the grantor dies, the trustee’s job is to:
Collect and manage the trust’s assets (which may include bank accounts, real estate, and investments)
Pay final expenses and taxes if the trust directs it
Distribute assets to beneficiaries according to the trust’s written terms
Keep accurate records and provide information or accountings to beneficiaries
Because a trust avoids probate, the trustee’s actions usually happen outside of court. However, the trustee is still a fiduciary, which means they must act honestly, prudently, and solely in the interest of the beneficiaries. If they fail to do so, beneficiaries can ask the court to intervene.
In Kansas City, it’s not uncommon for families to have both a will and a trust — the will “pours over” remaining assets into the trust at death. That means one person may serve in both roles at the same time: as personal representative for the probate estate and trustee for the trust estate. When that happens, keeping the two roles legally separate is essential.
3. What Happens If No One Steps In?
If the person dies without a will, the court must appoint someone (usually a close family member) to serve as the personal representative or administrator. Without a trust, all property will likely need to pass through probate.
If a trust exists but no trustee is willing or able to serve, beneficiaries can petition the court to appoint a successor trustee. In both Kansas and Missouri, the process is meant to ensure that no estate or trust remains unmanaged — someone must always be responsible for the assets of the deceased.
4. Why the Distinction Matters for Families
Understanding the difference between these two roles can prevent conflict later. For example:
A personal representative cannot spend estate funds for someone’s benefit without court approval.
A trustee must follow the written terms of the trust — even if family members disagree.
Deadlines, reporting requirements, and the scope of authority differ dramatically between probate and trust administration.
In the Kansas City metro area, these differences also affect timing and cost. Probate in Jackson or Johnson County can take a year or more, while trust administration may wrap up in months if everything is in order. Knowing which process applies helps families plan realistically.
5. When to Seek Guidance
Even though both roles may seem straightforward on paper, carrying them out correctly takes diligence and attention to detail. Many personal representatives and trustees work with probate attorneys to ensure they comply with all reporting, tax, and fiduciary obligations.
At The Probate Law Center, we often help individuals who have been unexpectedly appointed to one of these roles. Sometimes, the hardest part isn’t understanding what the law requires — it’s knowing where to start.
If you’ve been named as a personal representative or trustee in Missouri or Kansas, take it one step at a time. Stay organized, communicate with beneficiaries, and seek professional help before signing or distributing anything. Doing so protects both your loved one’s legacy and your own peace of mind.
Disclaimer: This post is for general informational purposes only and does not constitute legal advice. Every estate and trust is unique. If you have questions about your specific duties as a personal representative or trustee, consult a qualified probate attorney licensed in your jurisdiction.