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Fiduciary

fi·du·ci·ar·y

Short Definition

Anyone holding a legal duty to act in another person’s best interest, rather than their own, when managing that other person’s money or real property. Executors, administrators, and trustees are all fiduciaries under this standard.

In a Sale

What This Means When the House Is Being Sold

The word explains why an estate sale looks different from an ordinary one. A fiduciary generally cannot simply accept whatever offer is convenient. Documenting that a price was reasonable, often through an appraisal or a broker price opinion, protects the fiduciary from later claims that the property was undersold, and it is a habit worth keeping even when nobody is asking for it yet.

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Not to Be Confused With

What Tells Them Apart

Fiduciary is the general category describing the duty itself. Personal Representative and Trustee are specific roles that carry that duty, one over a probate estate and one over a trust. Any of them can be called a fiduciary, and the word is often used as shorthand for the role rather than a distinct title of its own.

Questions

Questions People Ask

What does it mean to act as a fiduciary?

It means acting in another person's or estate's best interest rather than one's own, with a legal duty attached to that standard. For real estate this generally means documenting that a sale price was fair, often with an appraisal or comparable sales, rather than simply accepting a convenient offer.

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