An important part of estate planning is selecting an executor for your will. In some situations, it may be a good idea to designate two or more co-executors.
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updated November 21, 2023 · 2min read
People usually designate one person to serve as the executor of their will, but it is also possible to designate two or more co-executors. Most lawyers advise that one executor is best, as it avoids potential disputes, but there are situations where it may make sense to appoint co-executors.
An executor of a will has the following responsibilities:
The executor of a will has a duty to act in good faith, to follow the testator's wishes as expressed in the will, and to act in the interests of the heirs and creditors. This is called a fiduciary duty.
A co-executor has the same responsibilities as any other executor but has an additional duty to assure that other co-executors fulfill their fiduciary duties.
Ideally, anyone you choose as executor should be someone you trust. They should also be someone you believe has the ability to handle the duties of an executor, who needs to be able to communicate effectively with the court, the creditors of the estate, the heirs, and any attorneys, accountants, realtors, or other professionals needed to assist with the estate. An executor also need to be able to keep and organize adequate records, including court papers and accounting documents.
If you are selecting co-executors, particularly if they are siblings, it is important to evaluate their ability to collaborate in exercising their duties. Some siblings get along very well, whereas in other families there are varying degrees of conflict.
Your will can name two or more co-executors. You can provide that your co-executors must act together or that each may act independently of the others. If you designate three or more co-executors, you can allow action to be taken by a majority vote.
Providing you believe they can get along and cooperate, co-executors may be advantageous for the following reasons:
There may be other reasons unique to your situation that would make having co-executors a good idea. More information about designating co-executors can be obtained by consulting an attorney or using an online service provider.
by Edward A. Haman, Esq.
Edward A. Haman is a freelance writer, who is the author of numerous self-help legal books. He has practiced law in H...
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