When a Manhattan parent dies leaving a will that names their two adult children as co-executors, the intention is usually peace. The parent simply did not want to play favorites. But fast forward a few months, and those siblings are sitting across from me, realizing that closing their childhood home requires two signatures on every document, two approvals on every tax filing, and joint agreement on every minor repair. Gridlock.
The reality of New York probate is that it already moves at its own pace. Obtaining Letters Testamentary from the Surrogate’s Court can take six to nine months even under perfect conditions. When you add the logistical hurdle of coordinating multiple decision-makers just to file the initial petition, you actively work against your family’s timeline. The question of whether you can have co-executors of a will is easily answered by the courts—yes, the law allows it. The more critical question, and the one we force our clients to confront, is whether you actually should.
The Illusion of Fairness in Estate Planning
Many people view the executor role as an honorary title, a final badge of trust bestowed upon their favorite people. It is not. It is an administrative job with strict legal liabilities. Framing your estate planning as a way to validate family relationships is a fundamental mistake in legacy stewardship.
Beneficiaries receive the assets. Executors simply do the paperwork to make that happen. When you confuse these two concepts, you invite administrative paralysis. We frequently see wills where a well-meaning parent appoints a pragmatic daughter in Brooklyn and a distant son in California to act together as joint executors. The parent assumes the two will collaborate beautifully to settle the affairs.
Instead, the administration slows to a crawl. In practice, financial institutions are highly risk-averse. Banks, brokerage houses, and title companies typically require original, wet signatures from all named fiduciaries before releasing a single dollar or transferring a deed. If one sibling is traveling, unresponsive, or simply disagrees on the listing price for a piece of real estate, the entire process stops. You have effectively given both individuals veto power over your legacy.
The role also carries intense legal liability. An executor is a fiduciary, legally bound to prioritize the estate’s creditors and beneficiaries above their own interests. When you name co-executors, they are generally responsible for monitoring one another. If one sibling mismanages estate funds or misses a critical tax deadline, the other sibling can potentially be held personally liable for the resulting penalties if they failed to intervene. You are not just making them partners—you are making them legal guarantors of each other’s competence.
How New York Law Handles Shared Fiduciary Power
Co-executors carry strict statutory baggage in New York. Under the Estates, Powers and Trusts Law (EPTL) § 10-10.7, if you appoint two fiduciaries, they must act jointly. That means unanimous consent is required for every single decision. If they cannot agree, they must petition the Surrogate’s Court to break the tie. This turns a private family disagreement into a public, expensive, and emotionally draining litigation process.
This arrangement also triggers a severe financial penalty most testators never consider. Executor compensation in New York is strictly regulated. Under the Surrogate’s Court Procedure Act (SCPA) § 2307, executors are entitled to a sliding-scale commission based on the value of the estate. The fee structure is calculated as 5 percent on the first $100,000, 4 percent on the next $200,000, and 3 percent on the next $700,000.
However, SCPA § 2307(5) contains a critical provision regarding multiple fiduciaries. If your gross estate is valued at over $100,000, up to two co-executors are each entitled to a full statutory commission unless your will explicitly limits their compensation. For a modest $1 million estate, a single statutory commission is $34,000. Because of the multiple fiduciary rule, naming two executors means the estate could be forced to pay out $68,000 off the top before a single beneficiary sees their inheritance. That is a steep price to pay for family diplomacy.
When Multiple Fiduciaries Actually Make Sense
I do not unilaterally ban co-executors in our practice. There are specific, deliberate scenarios where shared power is the most prudent choice for preserving wealth.
If an estate holds a complex operating business, we might pair a surviving spouse with a corporate accountant. The spouse provides the family perspective and protects the household’s interests, while the accountant provides technical oversight and tax compliance. In these specific cases, we do not leave their working relationship to chance. We draft the will to clearly delineate their respective powers. The document might give the accountant the final say over business tax filings and the spouse the final say over distributing personal property or selling the primary residence. Intentionality replaces assumption, and both fiduciaries have clear lanes of authority.
Another valid scenario involves appointing a professional fiduciary—such as a bank or trust company—to serve alongside a family member. The institution handles the burdensome accounting, the tax filings, and the asset management, while the family member retains a voice in discretionary distributions. This removes the administrative burden from the family while keeping them involved in the broader execution of the estate.
Structuring Successors Instead of Co-Executors
For the vast majority of families, the better path is a clear hierarchy. Instead of forcing two or more people to drive the same car, we advise appointing one highly capable individual to serve as the sole primary executor.
To ensure the estate is protected if that person cannot serve, we then name a sequence of successor executors. You might name your eldest daughter first, followed by your son as the first alternate, and your brother as the second alternate. This guarantees continuity without requiring committee meetings for every minor administrative task.
If your primary concern is transparency—ensuring the non-executor sibling does not feel left in the dark—there are legal mechanisms to mandate information sharing without granting veto power. We often draft provisions requiring the acting executor to provide regular accounting updates to all beneficiaries. This creates oversight and trust without paralyzing the daily administration of the estate.
You can still divide your assets equally among your children without forcing them to share a legal steering wheel. Your children will appreciate a smooth, efficient probate process far more than the temporary ego boost of being named a co-executor. True stewardship means removing obstacles for your family, not building new ones out of a misplaced sense of obligation.
Estate documents should solve problems before they happen. If your current documents name multiple people to serve simultaneously simply to spare feelings, it is time to look at the practical mechanics of that choice. Schedule a fiduciary review of your existing will with our office, and we will evaluate whether your appointed representatives are actually positioned to succeed.
