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We are not a law firm and do not provide legal advice. A resolution is always available through the probate court. Having more than two co-executors can cause increased conflicts, as there must be a unanimous decision made among all executors regarding the estate. Attorneys with you, every step of the way. Ultimately, the court will serve as a safeguard to the ineffectiveness or inefficiency of having co-executors by removing a co-executor if it is necessary for the proper administration of your estate. Advantages of co-executors Providing you believe they can get along and cooperate, co-executors may be advantageous for the following reasons: Neither has the legal right to . That executor (the residuary beneficiary) wants to see the particular assets sold, but the other is stalling, and not agreeing to any steps being taken. Sometimes co-executors may work fine with each other but may have difficulty working with one or more beneficiaries. Can I start the estate process without them? Now you can focus on leaving a legacy instead of a mess. Here are several types of assets that qualify as non-probate assets. Determining whether an estate has assets that are not subject to probate can save you time and money. If the firm has changed names or has merged with another firm, most wills state that the successor firm will take over the right to act as executor. With careful planning, probate can sometimes be avoided. They may each have strengths that apply to certain aspects of the estate. Conflicts may arise, especially between co-executor siblings, for numerous reasons, including: The above are the most common reasons attorneys may advise their clients against using co-executors. Two executors equal double the commissions. The statements and opinions are the expression of the author, Having co-executors means having a partnership. If so, consider the appointment of an independent co-executor such as the will-maker's accountant (bear in mind that professional executors will charge for their services and non-beneficiary executors [whether professionals or not] are likely to claim commission). Co-executors, on the other hand, are all primary executors who share the responsibility of managing the estate. If the primary executor dies, either before or during the probate process, the designated contingent executor takes over. So, each co executor should be working together with the other co executor to administer the estate. People may disagree on whether these were true gifts or whether they were intended to be loans. The will should contain an outline of the responsibilities that the co-executors hold. Privacy Policy. If a co-executor has died, the surviving executor(s) will need to get a copy of the death certificate for their records. Co-executors will need to work together to deal with the estate of the person who has died. Theyll make sure that the firm hasn't merged with another firm or just changed its name. The basis for a contested removal would be that the co-executor is unfit to act as executor: s.34(1)(c).