Co-Executors of a Will: Duties, Conflicts, and How to Make It Work

When a parent names more than one child as executor of their will, the intention is usually good. They want to be fair, they want to avoid hurt feelings, or they believe that two people working together will make better decisions than one person acting alone. In practice, co-executor arrangements create some of the most common and frustrating conflicts in estate administration.

If you have been named as a co-executor alongside a sibling or other family member, understanding your legal obligations, your rights, and the practical realities of shared authority will save you significant stress during an already difficult time.

What Is a Co-Executor?

A co-executor is one of two or more people named in a will to serve jointly as the personal representative of the estate. The role carries the same legal duties as a sole executor: gathering assets, paying debts, filing tax returns, and distributing the estate according to the will. The difference is that these responsibilities are shared.

Most states require co-executors to act unanimously unless the will specifically grants the power to act independently. This means that both (or all) co-executors must agree on and sign off on major decisions, including selling property, distributing assets, and closing accounts.

The number of executors a will can name is not limited by law in most jurisdictions, but naming more than two is rare and generally inadvisable. The more people involved in decision-making, the greater the potential for disagreement and delay.

Do Both Co-Executors Need to Sign?

This is one of the most frequently asked questions, and the answer depends on your state's law and the language in the will.

The general rule: In most states, co-executors must act jointly. This means both signatures are required on legal documents, financial transactions, and filings with the probate court. Banks, title companies, and financial institutions typically require all co-executors to sign before releasing funds or transferring property.

The exception: Some wills include a clause granting co-executors the power to act independently. This is sometimes called a "majority rule" provision or an "independent action" clause. When this language is present, either co-executor can act alone on routine matters without the other's signature.

The practical reality: Even when joint action is technically required, many routine tasks, like collecting mail, organizing documents, or communicating with creditors, are handled by whichever co-executor is most available. The legal requirement for joint signatures primarily applies to formal transactions: signing checks from the estate account, selling real property, filing court documents, and making distributions to beneficiaries.

If you are unsure whether your will requires joint or independent action, consult a probate attorney in your state. The distinction significantly affects how smoothly the estate administration will proceed.

Can Co-Executors Act Independently?

In states that follow the Uniform Probate Code, co-executors are generally allowed to act independently unless the will states otherwise. However, many states have not adopted this provision and default to requiring joint action.

Even in states that allow independent action, there are important limitations:

Fiduciary duty still applies. Each co-executor owes a fiduciary duty to the estate and its beneficiaries. Acting independently does not mean acting unilaterally without communication. Major decisions, especially those involving significant financial transactions or discretionary distributions, should still be discussed even if legal agreement is not required.

Liability is shared. If one co-executor makes a decision that harms the estate, the other co-executor may also be held liable, particularly if they knew about the action and failed to object. This creates an incentive to stay informed and involved even when your co-executor is handling day-to-day tasks.

Third parties may still require both signatures. Banks, brokerage firms, and real estate agents often have their own policies requiring all named executors to sign, regardless of what the will or state law allows. Overcoming this can require providing a certified copy of the will showing independent authority or obtaining a court order.

Executor Accounts: Do You Need One?

Yes. One of the first steps in estate administration is opening an estate bank account, sometimes called an executor account or fiduciary account. This account is used to collect the deceased person's assets, pay bills and debts, and eventually distribute funds to beneficiaries.

For co-executors, the estate account requires both names. Most banks will require both co-executors to be present when opening the account, and both will need to provide identification and a certified copy of the letters testamentary issued by the probate court.

Some banks require both signatures on every check drawn from the estate account, while others allow either co-executor to sign. Clarify this with the bank when opening the account, and choose the arrangement that best matches your working relationship.

Keep meticulous records of every transaction through the estate account. Both co-executors are accountable to the beneficiaries and the court, and clear documentation prevents disputes about how funds were handled.

Co-Executor Fees

Executors are entitled to compensation for their work, and co-executors are no exception. How fees are calculated varies by state:

Percentage-based states set executor fees as a percentage of the estate's value, typically ranging from 1% to 5% depending on the estate size. When there are co-executors, this fee is usually split between them, not doubled. So if the fee would be $10,000 for a single executor, two co-executors would typically split that $10,000.

Reasonable compensation states allow executors to charge a "reasonable" fee based on the work performed, the complexity of the estate, and local standards. Co-executors in these states can each submit their own fee request, but the total must still be reasonable relative to the estate.

The will may specify fees. Some wills set a specific executor fee or state that the executor should serve without compensation. This language overrides the default state rules.

Fee disputes between co-executors are common when one co-executor does significantly more work than the other. If one sibling lives near the deceased parent and handles most of the day-to-day administration while the other lives across the country and contributes minimally, an equal fee split can feel unfair. Discuss fee expectations early, ideally before beginning the work, to prevent resentment later.

When a Co-Executor Is Not Cooperating

Co-executor conflicts are one of the most common reasons estate administration gets delayed. Disagreements can range from minor scheduling frustrations to fundamental disputes about how assets should be handled.

Common sources of conflict:

• One co-executor lives far away and is difficult to reach for signatures
• Disagreements about whether to sell property or keep it
• One co-executor wants to move quickly while the other wants to be more deliberate
• Suspicion that one co-executor is acting in their own interest rather than the estate's
• Personal family conflicts that predate the estate and resurface under stress

Steps to resolve a non-cooperating co-executor:

1. Document everything. Keep written records of all communications, decisions, and requests. If the dispute eventually reaches a court, documentation is essential.

2. Communicate in writing. Switch from phone calls to email or letters. This creates a record and reduces the chance of misunderstandings.

3. Mediation. Many probate courts offer or require mediation before hearing executor disputes. A neutral third party can often resolve disagreements faster and more cheaply than litigation.

4. Petition the court. If a co-executor is genuinely non-responsive, obstructive, or acting against the estate's interests, you can petition the probate court to remove them. Courts can remove an executor for cause, including failure to perform duties, mismanagement of assets, or conflicts of interest.

5. Legal counsel. If the conflict is serious, hire a probate attorney. The cost of legal advice early in the process is usually far less than the cost of a prolonged dispute.

Co-Executors and Digital Assets

Digital estate administration adds a layer of complexity to the co-executor relationship. While physical assets like a house or car are visible and their value is relatively clear, digital assets are often invisible, difficult to value, and technically challenging to access.

The challenge of shared digital access: If both co-executors need to agree on decisions about digital accounts, both need to know what accounts exist. But the deceased person's passwords, device PINs, and two-factor authentication codes may be known to only one family member, or to no one at all.

Cryptocurrency complicates things further. If the deceased held Bitcoin or other cryptocurrency, access depends on private keys or seed phrases. If one co-executor has this information and the other does not, the power imbalance can create serious trust issues.

Platform policies vary. Facebook, Google, Apple, and other platforms each have their own process for granting account access after death. Some platforms will only communicate with one designated contact, which can create friction when two co-executors both need information.

The solution is documentation. A comprehensive digital asset inventory, created while the parent is alive, eliminates most of these problems. When both co-executors have access to the same complete record of accounts, credentials, and wishes, there is no information asymmetry and far less room for conflict.

The Digital Legacy Kit provides a structured framework for creating exactly this kind of inventory. It documents every digital account, records access information, maps out device PINs and two-factor authentication methods, and captures the parent's wishes for each account. For families with co-executors, having this shared reference document is especially valuable because it ensures both executors are working from the same information and can make informed decisions together.

Tips for Making Co-Executor Arrangements Work

If your parent is still in the planning phase and considering naming co-executors, here are practical recommendations:

Consider naming a sole executor with a backup. A single executor with a named successor avoids the coordination problems entirely while still providing a safety net.

If co-executors are chosen, include an independent action clause. Ask the attorney to draft language allowing either co-executor to act independently on routine matters. This prevents administrative paralysis when one person is unavailable.

Have the conversation now. If you know you will be serving as co-executor with a sibling, discuss expectations before the need arises. Talk about how decisions will be made, how work will be divided, and how fees will be handled.

Create the digital inventory now. Do not wait until after death to figure out what digital accounts exist. Work with your parent to document everything while they can still provide the information. This single step eliminates one of the biggest sources of co-executor conflict.

The co-executor relationship works best when both parties have clear expectations, good communication, and access to the same information. Start building that foundation while there is still time to do it calmly and collaboratively.