for understanding: how new testamentary trusts take place: testator names executors in their will, if executors are able and willing to act, they take legal title to testator's entire estate, if they are not, administrators will be appointed instead. Personal representatives (executors/administrators) administer the estate. They must distribute property in accordance with the will which includes ensuring legal title is vested in intended trustees of any trusts. Sometimes personal representatives will also be trustees, in that case the personal reps now hold the legal title in capacity as trustees instead of as personal reps. If testator names someone else, they must transfer property to them