If one co-executor has decided that the others did not authorize, a lawsuit may be the next step to reverse that particular action. It is not then possible for a joint or co-executor to act alone in the estate administration unless the other executor (s) give their agreement. We're available Mon-Fri 5 a.m. to 7 p.m. PT and weekends 7 a.m. to 4 p.m. PT. 4. Co-executors act together, not separately. For married people, that trusted person is usually their spouse. A co-executor should not act . There are many good reasons (and some bad reasons) to name a co-executor in your will. We are not attorneys and are not providing you with legal
A useful option in these situations may be for them to appoint an attorney to act on their behalf. Generally, co-independent executors are expected to cooperate on matters surrounding: Applying or petitioning to probate an estate; Signing property deeds and titles for transferring assets; Signing for the estate's financial accounts, investment accounts, tax returns and other additional paperwork; Paying the estate's bills and debts; and The executorship of a will comes with a lot of responsibilities and duties. Hiring an experienced estate planning or probate attorney to discuss your options may be in your best interests, depending on your situation. Co-Executors must act together in all matters related to settling the estate. Executors are responsible for dealing with the estate of someone who has died. A judge will hold a hearing for the co-executors to present their cases, and then the judge will make a decision that will favor one over the other. In Virginia, a nonresident executor must appoint someone who lives in the state to act as an agent. Copyright 2008-2022 There are three ways that a co-executor can be removed: Whether to appoint an executor, co-executor, or contingent executor is an important part of the will-making process. In some cases, having co-executors can backfire and interfere with the effective administration of the estate. An executor is responsible for the entire estate by themselves. A co-executor may take steps or actions required by the will or by probate without the other one (s) being involved--they don't have to always act jointly or as a group; BUT the co-executor is bound to follow both the law, the court rules, and the dictates of the will. When more than one person is appointed to act as 'co-executors', decision-making as between the executors will be governed by the will. Co-Executors must act together in all matters related to settling the estate. There are reasons why you might want to appoint what are called co-executors.. Who's the next of kin in case of inheritance? In some cases, however, simply trusting your executor may not be enough to feel confident that your estate will be handled properly when you die. Some benefits associated with designating co-executors include: Having more than one executor can lead to conflict between co-executors. If . Find out what to do and discover resources to help you cope. If they don't live near each other, this can cause delays in transmitting documents back and forth for signatures. If you have any questions, please contact me directly. The simple answer is that, either through specific will provisions or applicable state law, an executor is usually entitled to receive compensation. When someone is named as the executor of a will they become responsible for performing a series of duties in order to complete the probate process. But, the Court will only agree to do this once every possible search has been exhausted and in very exceptional circumstances. One of the executors is the residuary beneficiary of the estate. Duty of executor to present will for probate.) It is always favorable that co-executors work together to achieve a positive result in executing the duties of the estate. Answered in 7 minutes by: Estate Lawyer: Co-executors are regarded in law as one person. RIGHTS OF GOOD FAITH PURCHASERS. A bond may be required unless your executor serves with a resident coexecutor. completeness, or changes in the law. Whether you are writing your first will or are revising the terms of one already written, it is worth exploring your options of naming co-executors to manage your estate after you have passed. The reasons for making the application will need to be compelling if its going to be successful. Top 5 Must Dos Before You Write a Living Trust. Joint executors can act independently, provided they have the agreement of other executors to do so. Here are several types of assets that qualify as non-probate assets. While the general responsibilities and obligations of an executor remains the same for both parties, the key difference is that the two parties must work together despite having equal control over the estate. Why Do People Choose to Have a Co-Executor? Still, probate doesn't have to be a scary process. etc. In fact, co-executors have even greater duties than an individual executor because co-executors are responsible for the actions of the other co-executors. "supervised" or "independent." A supervised administration is closely monitored by the probate court. It isn't legally possible for one of the co-executors to act without the knowledge or approval of the others. Can Cordelia sell the antiques without the consent of her co-fiduciaries? We have offices in New York, NY, Brooklyn, NY and Queens, NY. However, when you first petition the court to act as Executor, you can ask for full powers under the Independent Administration of Estates Act. Because co-executors must act together and in agreement, naming multiple executors can cause delays, hardships and disagreements. LinkedIn. Privacy Policy. One co-executor can make decisions in the estate. Most people who name co-executors do so for good reasonthat it will make the administration of the estate more effective and efficient. Co-executors. Don't make these common mistakes when writing your last will. Cake offers its users do-it-yourself online forms to complete their own wills and
718-509-9774 If one of the executors wishes to act alone, they must first get the consent of the other executors. They would need to hire a lawyer together, go to the probate court together, sign all checks and any other documentation for the estate together, make decisions on real estate together, etc. The law sees each co-executor as one entity, so if one co-executor acts on duty or makes a decision, it reflects as if all did the action. One co-executor may simply not have the knowledge or temperament to effectively discharge her duties. Can joint executors act independently? But there may be specific duties that the executor will have to carry out, such as investing assets or running a business, for which the surviving spouse is simply not well-suited. Is the broker-attorney entitled to a commission for selling the mansion? At other times, though, some executors might want to be involved, and they might have disagreements. Applying or petitioning to probate an estate; Signing property deeds and titles for transferring assets; Signing for the estates financial accounts, investment accounts, tax returns and other additional paperwork; Monitoring the actions of the other co-executor closely. A co-executor can be removed while the other executors remain. This applies to all aspects of the probate process. While the above scenarios demonstrate how naming co-executors can make estate administration easier, the unfortunate reality is that probate often becomes much more complex and stressful if the named co-executors do not cooperate or live near one another. Occasionally, co-executors wont agree on things. Ensure your loved ones and property are protected, Property you should not include in your last will. This option is much more final. When a co-executor dies, either before or during the probate process, the remaining co-executor or co-executors take over. not legal advice. What Happens If There Are Problems With a Co-Executor? If an executor is unable to act because they lack capacity, the situation can become quite tricky. These duties are: Making decisions regarding these duties is the responsibility of all co-executors. An executor can apply to the Probate Court to have another executor removed. We offer both an essential probate service, where we help you get the legal document, and also a complete probate service, also known as full estate administration. Co-Executors in Pennsylvania must serve jointly. With careful planning, probate can sometimes be avoided. It is important to know the difference between a co-executor and a single executor to be able to choose which is best for your estate. If the person who died made some large gifts in their lifetime, there may be disagreements between executors later. It may be that co-executors dont want to step away from the estate administration, but they cant see a way of communicating and working together. Too Slow? Lasting and enduring powers of attorney are legal documents that give authority for people to act on behalf of someone else. For example, one may have special knowledge in real estate and another in dealing with digital assets, or one may be good at organizing the paperwork and the other at communicating with heirs and creditors. (b) If there is more than one executor or administrator of an estate at the same time, all of the qualified executors or administrators who are acting in that capacity must join in the conveyance of real estate unless the court, after due hearing, authorizes fewer than all to act. If the primary executor is unable or unwilling to perform their duties towards the estate, an alternate executor is then able to assume full responsibility of the estate without contest. Getting an Executor to Distribute the Estate, Defending Executors from Disqualification and Removal. If youre an executor of a will and other executors have also been appointed, you may have some questions about who should act and apply for probate and how. completeness, or changes in the law. There can be one or more Executors appointed in the Will, but the maximum number of Executors that can apply for a Grant of Probate is four. Albert Goodwin, Esq. 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 article will cover common co-executor questions. If one of the executors wishes to act alone, they must first get the consent of the other executors. Here are some of the benefits of having co-executors: With that said, here are some of the disadvantages associated with naming co-executors to your estate: You should not be discouraged from appointing co-executors just because there might be some disagreements. Clients often ask me if they can name co-executors for their will. advice. Probate follows the terms of a will as well as state law. Most co-executors eventually reason through what needs to be done. Report Abuse TG Thomas Edward Gates (Unclaimed Profile) Update Your Profile Answered on Mar 19th, 2014 at 2:58 PM No, both must agree to anything involving the estate. Neither has the legal right to . 12 Things That Are Wrong with Your Last Will, Estate Planning: 11 Things to Do Before You Die, Assure that the estate is distributed to the appropriate heirs, as set forth in the will. I am often asked by prospective probate clients if they can serve as co-administrators or co-executors or co-personal representatives. Can joint executors act independently? Ideally, anyone you choose as executor should be someone you trust. The law sees each co-executor as one entity, so if one co-executor acts on duty or makes a decision, it reflects as if all did the action. You must both apply to Probate the Will together. We cannot give you customized advice on your situation or needs, which would require the service
64.2-511. In cases where no contingent executor exists, the court steps in and appoints one. Sec. For married people, that trusted person is usually their spouse. If probate isnt required to deal with the assets in the estate, banks, investment companies and other asset holders may still insist that all the named executors in the will sign their closure forms. Use of our products and services are governed by our It isn't legally possible for one of the co-executors to act without the knowledge or approval of the others. Regular communications between executors can help stop any differences of opinion becoming a bigger problem. Sec. Can two attorneys represent three co-executors during the administration of the estate? It might be that executors will have differing views on what should happen to the property of the person who has died. form. This website contains general information Are the fees of both counsel reasonable administration expenses payable from estate funds? All Rights Reserved. Or what if one co-executor starts feeling like they are doing way more than their share of the work while the other one thinks the opposite? How You Can Avoid It. It could also be the case that executors dont agree on the value of the property - perhaps one executor wishes to undervalue it to get a quick sale, whereas the other(s) would like to hold-off on the sale and do some development work to try and increase the property value. Once they have this, theyll be able to communicate with the registered attorney, if necessary. In these situations, an executor cannot act independently. Well, not always. Terms of Use and You can call us at 718-509-9774 or send us an email at [email protected]. It is advisable for executors to take legal advice before stepping aside. They must act with: Trust Diligence Good Faith Honesty "Taking everything" in an estate can not be done unless the Testator made the Executor the sole beneficiary. Yes. With a bit of preparation you can put your mind at ease now and save your loved ones a lot of trouble later. Often when children act as Executors they waive this fee. Can joint executors act independently? There are some instances in which it makes sense to name co-executors and in which it can make probate easier: for example, naming a spouse and another third-party (with little to no stake in the estate) as co-executors may help ensure that your will is honored and inheritances are handled competently without overwhelming your grieving spouse with paperwork and a lengthy probate process. The co-executors will need to establish whether a Lasting or Enduring Power of Attorney is in place and, if so, they should request a copy of this. It is crucial for the co-executors to maintain a relationship of communication and cooperation. Fairness, Security, and Competence. Our network attorneys have an average customer rating of 4.8 out of 5 stars. It is always recommended that a second executor be appointed in the case of a more complicated estate. Theyll make sure that the firm hasn't merged with another firm or just changed its name. If you are selecting co-executors, particularly if they are siblings, it is important to evaluate their ability to collaborate in exercising their duties. email. To avoid this, you must give careful consideration to the potential needs of your estate and decide whether co-executors may be necessary to satisfy those needs. This would authorise their attorney to act on their joint behalf to apply for probate (if needed) and deal with the estate administration. 6-3. For example, you might designate your spouse and your business partner as co-executors. 300 Cadman Plaza W You also may limit the duties of each co-executor by expressly identifying in the will which specific duties each co-executor will be responsible for carrying out. In general terms, alternate executors are substitutes for the primary executor. If they cannot get an agreement, then they may need to seek legal help. Or perhaps they have children who dont get along well, and they think that naming both of these children as executors will help remedy the situation to at least some degree when the will is probated. But before you can decide who might be the best person to handle the specific duties of a co-executor, you must understand what the duties of a co-executor are. . In 2017 the Texas legislature passed the Texas Durable Power of Attorney Act which specifically addressed the ability to name co-agents in a power of attorney document. A person named in a will as executor shall not exercise the powers of executor until he qualifies as such by taking an oath and giving bond in the court or before the clerk where the will or an authenticated copy thereof is admitted to record, except that he may provide for the burial . Of course, this usually involves selecting co-executors who don't fully trust each other, which can also increase the likelihood of conflict between them. For unmarried folks, it is often an adult child or a close friend. Complete our contact form, and we'll get back to you. Can two executors act independently? If an agreement cannot be reached this way, the next step would be for each Executor to seek independent legal advice. What if one co-executor believes the will should be probated relatively soon while the other thinks a longer time of mourning is appropriate? When the signature of a co executor of the will is required for the estate to act (to sell a home for example) both of the coexecutors should be signing the various documents (including deeds to real property) together. Can joint executors act independently? not LegalZoom, and have not been evaluated by LegalZoom for accuracy, generalized educational content about wills. Usage of any form or other service on our website is
Our expert guidance can make your life a little easier during this time. and may not apply to your case. (a) If a person named as executor is under the age of majority and there is another person named as executor, the other person may be appointed and may administer the estate until the majority of the minor, who may then be appointed as coexecutor. However, you can name a secondary or contingent co-executor in your will to take the place of the former co-executor if this should occur. However, an executor can request additional compensation based on the size of the estate, the time spent and the overall complexity of the estate. A joint Executor will not usually be able to act alone unless the other Executors formally agree to this. As previously mentioned, both parties must be in complete agreement with all matters pertaining to the estate, and must sign off on these matters jointly. (755 ILCS 5/6-3) (from Ch. You must both sign checks and title transfers together. If a co-executor is happy to take a step back and not be actively involved in the estate there are options available to them. Co-Executors do not share partial authority over the estate; each person you name as an Executor has complete authority over the estate. For example, if it's going to be too time consuming and expensive to locate them. Having more than two co-executors can cause increased conflicts, as there must be a unanimous decision made among all executors regarding the estate. Co-executors must work as a team when making decisions for the estate. If the beneficiaries determine that a co-executor is not satisfying their responsibilities or is not acting properly with respect to their interests, they also may motion the court to remove the co-executor. It might be the case that probate has already been granted by the Probate Registry, but as the estate administration goes on, it becomes clear that one of the executors isnt doing their job properly. Co-executors will need to work together to deal with the estate of the person who has died. You know having a last will is importantit protects your family and provides for your final wishes. 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. Your oath, if not taken at the hearing, should be taken no later than 20 days from the date the Court signed the order appointing you as Independent Executor. The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter. Executors are entitled to estate commissions for any monies they pay out to the beneficiaries. Get the right guidance with an attorney by your side. A co-executors duties are the same as the duties of an individual executor. If probate isnt required, the surviving executor(s) may need to show the death certificate to companies holding assets for the estate, before they will agree to release any funds. What does it mean to act as an executor? Examples of situations where the Court may remove an executor include: if theyve been personally cashing in the assets. Basically, neither of you may act independently of the other. 2502), Sec. The content is The primary duties of any executor are to: If you name co-executors, each of the individual co-executors will be equally responsible for fulfilling all of these duties.