A co-executor is a person who is appointed to manage the estate of a deceased individual, along with the other executor(s). In some cases, a co-executor may be appointed to help with the estate administration if the primary executor is unable or unwilling to serve. Co-executors typically have equal responsibility for managing the estate and must make decisions together.
When deciding whether or not to appoint a co-executor, it is important to consider the relationship between your co-executors. Will they work collaboratively? will they get along? are all questions you should ask yourself before naming a co-executor.
There are several advantages to appointing co-executors, including:
-Sharing the workload: Appointing more than one executor can help to ensure that the estate is managed efficiently and effectively. This can be especially helpful if the estate is large or complex.
-Decision making: Having multiple executors can help to provide different perspectives when making decisions about the estate.
-Avoiding conflict: In some cases, appointing co-executors can help to avoid or resolve conflicts between beneficiaries.
There are also some disadvantages to appointing co-executors, including:
-Delays: Having more than one executor can sometimes lead to delays in the estate administration process.
-Increased costs: Appointing multiple executors can also increase the cost of administering the estate.
-Conflict: In some cases, appointing co-executors can actually lead to more conflict between beneficiaries.
There are a couple ways to appoint a co-executor, including:
-In the will: The easiest way to appoint a co-executor is to include their name in the will. This will ensure that they automatically become a part of the estate administration process.
-By court order: If there is no will or if the co-executor is unable to serve, the court may appoint a special administrator to manage the estate.
It is important to choose an appropriate person to act as co-executor, and to discuss the role and responsibilities with that person ahead of time. This will help to avoid any misunderstandings or disputes down the road.
No, co-executors must make decisions together. In some cases, a court may appoint a special administrator if the executors are unable to agree on how to proceed.
If the co-executors are unable to agree on how to proceed, they may ask the court to appoint a special administrator. This person will have the authority to make decisions about the estate.
A co-executor can be removed from their position by the court for various reasons, including:
-Misconduct: A co-executor may be removed from their position if they engage in fraud, waste, or mismanagement of the estate.
-Conflict of interest: A co-executor may be removed from their position if they have a conflict of interest, such as being a beneficiary of the estate.
-Incapacity: A co-executor may be removed from their position if they become incapacitated or unable to perform their duties.
If a co-executor is removed by the court, the remaining executor(s) will be responsible for managing the estate.
Naming a co-executor might be an effective method for managing the estate of a deceased person, but it’s typically something we wouldn’t recommend.
Appointing multiple executors can help to share the workload, provide different perspectives, and avoid or resolve conflicts between beneficiaries.
However, appointing multiple executors can also lead to delays, increased costs, and more conflict.
If there is any doubt about whether or not a co-executor will be able to fulfill their duties, it may be best to appoint a single executor.
Take the Guesswork Out of Probate
Join the 100,000+ executors who have downloaded our free step-by-step blueprint to probate.
Download NowRelated articles
Estate Planning
Oct 31, 2023
Unearth 5 estate planning horrors this Halloween. Dodge probate scares, tax haunts, and beneficiary phantoms. Plan today for a fear-free future.
Estate Planning
Aug 10, 2023
Putting a house in a trust made easy. Follow our comprehensive guide to understand the process, benefits, and requirements.
Estate Planning
Aug 01, 2023
Uncover the potential problems with Transfer on Death Deeds and learn how to avoid them in our detailed guide.