With careful planning, probate can sometimes be avoided. 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. This would authorise their attorney to act on their joint behalf to apply for probate (if needed) and deal with the estate administration. (a) Except as provided by Subsection (b), if there is more than one executor or administrator of an estate at the same time, the acts of one of the executors or administrators in that capacity are valid as if all the executors or administrators had acted jointly. This link will open in a new window. Appointing co-executors is always an option. I am often asked by prospective probate clients if they can serve as co-administrators or co-executors or co-personal representatives. And in other ways this creates lots of opportunities for disagreements and hard feelings between the co-executors, because it is rare when two people are completely in agreement as to how, when and where things should be done. The court and the beneficiaries will hold each co-executor equally responsible for estate duties. Depending on their relationship with one another, it could save them from the stress of in-fighting as they navigate probate and try to work out what is in the best interests of the other heirs and beneficiaries. 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. Co-executors act together, not separately. Co-executors should not be independent and the attorney should be in the loop. Each Co-Executor named in your Last Will and Testament will have authority over your estate, and therefore must collaborate and work together to ensure your estate is settled in accordance with your wishes. Can Co-Executors Act Independently? One executor cannot move forward without the other's cooperation. They must have the agreement of all the executors in order to progress probate. Edward A. Haman is a freelance writer, who is the author of numerous self-help legal books. Co-executors will need to work together to deal with the estate of the person who has died. The legal costs involved in making an application to remove an executor can be significant and whether this kind of action will be appropriate and proportionate will depend on the individual facts of the case and the value of the estate. However, it is rarely a good idea to do so. The executorship of a will comes with a lot of responsibilities and duties. email. You know having a last will is importantit protects your family and provides for your final wishes. This may include closing bank accounts, paying off any debts, and selling or transferring property so they can share everything out between the beneficiaries of the will. Powers of executor before qualification. What assets need to be listed for probate? Report Abuse PC Albert Goodwin, Esq. Because co-executors must act together to effectively and efficiently manage the probate process, they must be able to collaborate and communicate with each other. If one of the executors or administrators dies, resigns, or is removed, a co-executor or co-administrator of the estate shall proceed with the administration as if the death, resignation, or removal had not occurred. They must communicate and work with each other to satisfy these responsibilities. (b) An act continues to be valid for all intents and purposes in regard to the rights of an innocent purchaser who purchases any of the estate property from the executor or administrator for valuable consideration, in good faith, and without notice of any illegality in the title to the property, even if the act or the authority under which the act was performed is subsequently set aside, annulled, and declared invalid. For example, a married person may name their spouse as the executor of their estate. Co-executors will need to work together to deal with the estate of the person who has died. Long-standing conflicts unrelated to the estate, One co-executor feeling that he is doing most of the work, One co-executor feeling that the other is usurping what should be shared responsibilities. VALIDITY OF CERTAIN ACTS OF EXECUTORS AND ADMINISTRATORS. 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. The other executor(s) would need to send a Notice of Power Reserved to the minor executor. completeness, or changes in the law. Surviving spouses are usually most familiar with the decedents finances and personal property or their intentions with respect to family members and loved ones after their death. Twitter. Can joint executors act independently? The court must appoint that person unless someone else challenges your choice of executor and there is clear evidence that he or she is "incompetent or unsuitable" to serve. Like most executors, you are probably eager to do a good job and to take care of estate business in a timely fashion. LegalZoom.com, Inc. All rights reserved. When you're appointed as an executor for someone's will, often it'll be alongside other executors. The Court will consider the due and proper administration of the estate and the interests of the beneficiaries. Determining whether an estate has assets that are not subject to probate can save you time and money. Will vs. living trust: What's best for you? by Keith Hajovsky | Apr 13, 2022 | Estate Administration, General Estate Planning, Probate, Wills. A co-executors duties are the same as the duties of an individual executor. So, before you start naming co-executors in your will, you should understand the reasons why you might want to have them. When you and someone else are named as co-executors in a Will, that essentially means that you must execute the Will together. Tel. If you are an executor who needs representation in an estate matter, we at the Law Offices of Albert Goodwin are here for you. generalized educational content about wills. The logistics of all this alone are bad enough, and then there are so many opportunities for disagreements on how things should actually be done. By drafting a living trust, designating beneficiaries, and holding property jointly, you may be able to avoid probate. 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. For married people, that trusted person is usually their spouse. First, many parents choose co-executor children in an attempt to seem fair. This link will open in a new window. A co-executor of a will or estate is someone you name in your will to share the duties of administering the estate with another person (another co-executor). One way to lessen the burden for all parties is to name co-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. Yes. 6. Call us today at (281) 242-0995 or fill out ouronline contact formto schedule a free consultation. 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. 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. Because a power of attorney is one of the most important legal documents you can have, it's important to know whether you want a durable or regular power of attorney. If one co-executor dies or is removed during the probate process, the remaining co-executors are still responsible for administering the estate. If you designate three or more co-executors, you can allow action to be taken by a majority vote. Co-Executors are two or more people who are named as Executors of your Will. If the primary executor dies, either before or during the probate process, the designated contingent executor takes over. Duty of executor to present will for probate.) When you draft your will, you may name more than one person to serve as the executor of your estate when you die. When having your Will drawn up, you should ideally select two executors who you believe will be able to do a good job in estate administration. Privacy Policy. If one of the executors wishes to act alone, they must first get the consent of the other executors. Some benefits associated with designating co-executors include: Having more than one executor can lead to conflict between co-executors. Both signatures are required to sell property, open an estate bank account, and for other legal undertakings. (a) This section applies only to an act performed by a qualified executor or administrator in that capacity and in conformity with the law and the executor's or administrator's authority. Judicial Accounting in New York. A co-executor has the same duties as a single executor, primarily to: Pay the debts of the decedent Manage the assets of the estate Assure that the estate is distributed to the appropriate heirs, as set forth in the will In addition, a co-executor has the duty to assure that any other co-executors fulfill their duties. 1, eff. Our initial consultation is free of charge, and it carries no obligation of any kind. It is always favorable that co-executors work together to achieve a positive result in executing the duties of the estate. Determining whether an estate has assets that are not subject to probate can save you time and money. 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. Therefore, wills frequently set out a 'majority rule' standard for decision making. Fairness, Security, and Competence. To speak with one of our specialist Wills & Probate Lawyers, please call us now on 0117 952 0698 or Make A Free Will Enquiry . attorney-client relationship. One of the executors is the residuary beneficiary of the estate. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY, SUBTITLE G. INITIAL APPOINTMENT OF PERSONAL REPRESENTATIVE AND OPENING OF ADMINISTRATION, CHAPTER 307.