Co-executors of Wills: Duties, Pros and Cons, and Choosing the Right Person

When should you consider naming co-executors?

Consider naming co-executors when your estate involves complex assets, blended family dynamics, or when two people bring complementary skills to estate administration. You can have two executors or more, depending on your needs. They share the same legal responsibilities and fiduciary duties as single executors, but co-executors must coordinate their actions and decisions throughout the estate administration process.

Here are some common scenarios where designating co-executors can be helpful:

• You have family members or friends with different but complementary skills. Perhaps you have one child who is financially sophisticated and another with strong interpersonal skills. 
• You own a business. Business owners sometimes benefit from appointing both a family member and a business partner or professional as co-executors. The family member can handle personal assets and family communications, while the business-savvy co-executor manages business interests and complex financial matters.
• Your estate includes assets in multiple states or countries. Multiple executors in different locations can help manage local requirements and logistics. Local executors can be particularly useful for real estate holdings or business interests that require local knowledge and presence.
• You have a blended family. An estate that covers blended families may benefit from having multiple executors, as it can provide a sense of balance and help ensure that all family branches have a voice.

What happens if one co-executor is unavailable or unable to act?

When one co-executor is temporarily unavailable due to illness, travel, or other circumstances, the other co-executor generally cannot proceed alone unless the will specifically permits it. This is why estate planning attorneys often recommend including provisions that allow one co-executor to act independently if the other is unreachable for a specified period (such as 30 days) or becomes incapacitated.

If one co-executor formally renounces their role by filing a written declination with the probate court, the remaining co-executor can proceed as the sole executor. Similarly, if a court removes a co-executor for cause—such as breach of fiduciary duty or failure to perform—the other co-executor continues with full authority. In emergency situations where immediate action is required to protect estate assets, some states allow courts to grant temporary authority to one co-executor, though this requires a court petition and hearing.

This underscores the importance of naming an alternate executor in your will. If both co-executors become unable to serve, your alternate can step in without the need for the court to appoint someone on your behalf.

Can you name all your children as co-executors?

Many parents face a difficult choice: name one child as executor and risk appearing to play favorites, or name all children as co-executors and potentially create conflict. While the instinct to treat children equally is understandable, equal treatment doesn't require equal roles. The executor position is a responsibility requiring specific skills—organizational ability, financial literacy, availability, and emotional steadiness during a difficult time—not an inheritance or honor to be divided.

If one child is clearly more qualified, consider naming them as the sole executor while requiring transparency with siblings through regular communication and accountings. Alternatively, you can name your most capable child as the primary executor and another as the successor executor if the first cannot serve. Some parents include provisions requiring the executor to consult with siblings on major decisions without granting them joint authority, which provides input without creating the coordination challenges of co-executors.

The reality is that sibling relationships are often tested during estate administration, and requiring co-executors to agree on every decision can amplify existing tensions rather than prevent them. If your children have a history of disagreement or if one lives far away, naming them as co-executors may delay the process and create unnecessary conflict during an already emotional time.

When you want to appoint a co-executor team, consult this guide on choosing an executor, as co-executors and a primary executor should have the same qualities. Additionally, executor requirements may differ slightly across jurisdictions, so be sure to follow your state’s guidelines.

What to do when a co-executor is not cooperating

When disagreements escalate into outright non-cooperation—where one co-executor refuses to respond to communications, sign necessary documents, or fulfill their fiduciary duties—you'll need to take more formal action. Start by documenting every instance of non-cooperation with specific dates, details, and any evidence of your attempts to work together. This documentation becomes critical if you later need to involve the court.

Next, send formal written communication (ideally through certified mail or email with delivery confirmation) requesting cooperation and outlining the specific actions needed. If this doesn't resolve the situation, engage the estate's attorney to send a formal notice reminding the uncooperative co-executor of their legal obligations and the potential consequences of breach of fiduciary duty.

When informal efforts fail, you can petition the probate court to remove the uncooperative co-executor. Courts take fiduciary duty seriously and can remove an executor who fails to act in the estate's best interest, refuses to perform required duties, or unreasonably delays administration. The court may then appoint a successor executor named in the will or allow you to proceed as sole executor. Beneficiaries also have standing to petition the court if both co-executors fail to act, so be aware that inaction from either party can prompt outside intervention.

What are the pros and cons of having co-executors?

Designating co-executors to serve together can provide several advantages in certain situations, but it also introduces potential complications that must be carefully considered.