Pros and Cons of Having a Co-Executor of a Will

What are co-executors?

Co-executors are two or more people who share equal authority and responsibility for managing an estate after someone passes. Unlike naming a single executor in your will with contingent executors who only step in if needed, co-executors serve together as primary executors from the start.

Co-executors are all primary executors who share the responsibility of managing the estate. If there are two or more adult children, many parents name them as co-executors so that they aren't perceived as favoring one child.

Your will can dictate how co-executors fulfill their duties. For example, your will can designate three co-executors and provide that decisions be made by a majority vote, that all co-executors must take action together, or that any one of them has authority to act alone.

Can co-executors act independently?

Whether co-executors can act independently depends on what your will specifies and your state's default rules. There are three common authority structures: unanimous consent required for all actions, majority vote sufficient for decisions, or any co-executor can act independently without consulting the others.

If your will is silent on decision-making authority, most states require unanimous consent for major decisions like selling real estate, distributing assets to beneficiaries, or settling disputed claims against the estate. However, routine administrative tasks—such as paying utility bills, filing standard court documents, or collecting mail—typically can be handled by any co-executor acting alone.

For example, one co-executor could independently pay the deceased's outstanding electric bill, but selling the family home would generally require all co-executors to agree and sign the deed. Understanding these distinctions before accepting the role helps co-executors avoid overstepping their authority or creating unnecessary delays by seeking joint approval for every minor task.

What are the duties of co-executors

A co-executor has the same duties as a single executor, primarily to:

• Pay the debts of the decedent
• Manage the assets of the estate
• Assure that the estate is distributed to the appropriate heirs, as set forth in the will

In addition, a co-executor has the duty to assure that any other co-executors fulfill their duties. Because co-executors must act together to effectively and efficiently manage the probate process, they must be able to collaborate and communicate with each other.

What happens if an executor or co-executor dies depends on the timing and circumstances:

• Testator dies before naming replacement. The testator can designate a replacement by making a new will or a codicil to the existing will.
• Primary executor dies during probate. The designated contingent executor takes over. If no contingent executor exists, the court appoints one.
• Co-executor dies during probate. The remaining co-executor or co-executors take over.

What are the advantages of having co-executors of a will?

Some benefits associated with designating co-executors include:

• Co-executors can divide up the work and consult each other if questions or problems arise.
• Co-executors may each have strengths that apply to certain aspects of the estate. For example, one may have special knowledge in real estate and another in dealing with digital assets.
• If you have a business, it may be more efficient to have a co-executor who understands business matters. For example, you might designate your spouse and your business partner as co-executors.

Why avoid co-executors?

Having more than one executor can lead to conflict between co-executors. This can cause delays in the probate process. Conflicts may arise, especially between co-executor siblings, for numerous reasons, including:

• Long-standing conflicts unrelated to the estate
• One co-executor feeling that he is doing most of the work
• One co-executor feeling that the other is usurping what should be shared responsibilities
• Disagreement over the value of property

Other potential disadvantages include:

• One co-executor may simply not have the knowledge or temperament to effectively discharge her duties.
• Documents to transfer property and to be filed with the court may require the signature of all co-executors. If they don't live near each other, this can cause delays in transmitting documents back and forth for signatures.

The above are the most common reasons attorneys may advise their clients against using co-executors.

Practical challenges

• One co-executor may simply not have the knowledge or temperament to effectively discharge their duties.
• Documents to transfer property and to be filed with the court may require the signature of all co-executors. If they don't live near each other, this can cause delays in transmitting documents back and forth for signatures.

The above are the most common reasons attorneys may advise their clients against using co-executors.

Do both co-executors need to sign?

Signature requirements depend on both the will's terms and state law, but in most cases, all co-executors must sign key documents. These typically include property deeds, court petitions and accountings, estate tax returns, and receipts acknowledging asset distributions to beneficiaries.

Financial institutions add another layer of complexity. Banks and brokerage firms usually require all co-executor signatures on account documents, new account applications, and authorization forms. This protects the institution from liability but creates logistical challenges for co-executors who live in different cities or states.

What happens when co-executors disagree?

When co-executors reach an impasse, there are several resolution paths available. The first step is usually informal negotiation—co-executors attempt to find a compromise that both can accept. If direct communication fails, mediation with a neutral third party can help facilitate agreement without court involvement.

When informal methods don't work, either co-executor can petition the probate court for instruction or a binding decision on the disputed matter. The court may rule on the specific issue—such as whether to sell property at a particular price—or may order the co-executors to take specific actions. As a last resort, a co-executor, heir, or beneficiary can petition to have a co-executor removed for cause, such as breach of fiduciary duty or failure to perform required tasks.

Court intervention comes with significant downsides: attorney fees, court costs, and delays that can stretch months. Prolonged deadlock can harm beneficiaries who are waiting for their inheritance and may expose co-executors to personal liability if their conflict causes financial damage to the estate. If your will specifies a decision-making process—such as majority vote among three co-executors—that mechanism governs and can help avoid court altogether.

How is the fees and compensation determined for a co-executor?

Executor compensation is typically determined by state statute or by specific terms in the will. Most states set fees as a percentage of the estate's value—often ranging from 1% to 5% depending on the estate size and complexity. Some states instead allow "reasonable compensation" based on the time and effort involved such as Texas, California and New York.

• When there are co-executors, the total executor fee is usually divided among them rather than duplicated. For example, if the standard executor fee for an estate would be $10,000, two co-executors would typically split that amount—each receiving $5,000—rather than each receiving the full $10,000. This division is generally equal, but co-executors who contribute unequally to the work can agree to a different split. Such arrangements may require court approval or beneficiary consent depending on your state.
• Many family member co-executors choose to waive their fees entirely, viewing the role as a family obligation rather than a paid position. 
• Professional co-executors—such as attorneys, accountants, or corporate trustees—typically charge for their services and may have set fee schedules. 
• If one co-executor waives fees while another charges them, or if one co-executor does significantly more work than the other, fee disputes can arise and add to existing tensions.

Can you name your children as co-executors?

Many parents instinctively name all their adult children as co-executors to avoid appearing to favor one child over another. While this intention is understandable, estate planning attorneys frequently advise against it. The executor role often surfaces or intensifies sibling conflicts rather than preventing them.

Before naming multiple children as co-executors, consider several key factors:

• Assess existing sibling relationships. Do your children have a history of working well together, or do they struggle to agree on decisions?
• Evaluate geographic proximity. Will they be able to meet, coordinate signatures, and manage local tasks effectively?
• Review relevant skills and availability. Does each child have the time, organizational ability, and temperament for estate administration?
• Examine communication styles. Can they discuss sensitive financial and family matters without conflict?

What are some alternative strategies when selecting executors? 

If naming all children as co-executors seems problematic, you may consider these alternative options. 

• Appoint one child as sole executor. Include instructions to consult siblings on major decisions. This maintains family involvement while avoiding co-executorship's logistical and legal complications.
• Name a professional executor. Select an attorney or trust company to handle administration impartially, fully removing the burden from your children.
• Prioritize suitability over equality. View the executor role as a responsibility, not an honor or inheritance share. Equal bequests don't require equal authority—pick the best-suited child, explain your choice to the family, and promote smoother administration without forced coordination.
• Seek expert guidance. Deciding on executors, co-executors, or contingents is key in will-making; consult an attorney or probate specialist for personalized help.

FAQs about co-executor of a will

How can a co-executor be removed?

A co-executor can be removed in three ways: the testator can revoke their appointment through a codicil or new will, the co-executor can voluntarily resign by filing a renunciation with the probate court, or the court can remove them in response to a petition from heirs or other co-executors.

Edward A. Haman, contributed to this article.