Naming More Than One Executor in Your Will

When you're making your will, a big decision is who to name as your executor—the person who will oversee the probate of your estate. Many people name their spouse or adult child. You can, however, name more than one person to serve as executor.

Are there advantages to naming multiple executors instead of a single executor? The question commonly arises when people have two or more children and don't want to slight any of them by naming only one to serve as executor.

Drawbacks of Naming Coexecutors

It is understandable that a parent wouldn't want to appear to be playing favorites in naming an executor. However, naming more than one executor of the estate just to avoid hurt feelings can cause more harm than good. If coexecutors are named in the will, all of them must act in unison. That means they must all:

• apply to have the will probated (if probate is necessary)
• make all decisions unanimously
• sign property deeds and titles for transferring assets, and
• sign for the estate's financial accounts, investment accounts, tax returns, and any other paperwork.

In addition, they will all be responsible for paying the estate's bills and debts (from estate assets, not their own pockets), and they will all be liable for damage to or loss of any assets.

Because coexecutors must agree and act together, naming multiple executors can cause delays and inconvenience. This is especially true if any of the coexecutors lives out of town or out of state.

If the coexecutors have a tendency to disagree, it can cause serious problems with getting your estate wrapped up. In cases of extreme disagreements, one executor (or a beneficiary) can even ask the probate court to remove one or more of the other executors, so the estate can be settled without too much delay. As you can imagine, such disputes can result in many years of resentment—exactly what you're trying to avoid in the first place.

If you're worried about conflict among multiple siblings, the best solution is often to explain to the children both why you're naming only one executor for your estate and why you've chosen the particular child. Usually, the other children will see the reasonableness of the choice—and might even be relieved that they won't have the responsibility and work of serving as executor.

As a backup, you could name the other children as alternate executors of the estate. That way, if your first-choice executor doesn't survive you or is unable or unwilling to serve, the alternate executor takes over. This strategy lets all of your children know that you trust them with your estate and that you just want to make sure things are handled efficiently.

When Do Coexecutors Make Sense?

There are some situations in which it can make sense to name coexecutors. For example, you might want to name your spouse as your executor, but worry that they might not be able to handle probate of the estate alone. In that case, a coexecutor can provide needed assistance, ensure that your will's instructions are followed correctly, and reassure beneficiaries that their inheritance is being handled competently.

Or perhaps you own a business that your spouse isn't involved in. Naming a business partner or attorney as coexecutor will help ensure that decisions regarding the business will be handled appropriately and that your business partners' concerns will be addressed.

To learn more about making a will, check out Nolo's section on Wills.