A client recently came into my Manhattan office with a straightforward question. He wanted to name his three adult children as co-executors of his will. “It’s the only way to be fair,” he said. I understand the sentiment. It comes from a place of love and a desire for equality. But in my experience, what seems fair on paper can become a source of profound conflict for a family managing a loss.
Naming multiple executors is not a simple question of fairness—it is a structural decision about the stewardship of your legacy. The person or people you name will hold a significant fiduciary duty. Their job is to gather your assets, pay your debts, and distribute what remains according to your wishes. When that responsibility is shared, it can either create a system of checks and balances or a state of complete paralysis.
The Simplicity of a Single Executor
In many estates, naming a single executor is the most prudent path. The primary benefit is efficiency. One person has the clear authority to make decisions, sign documents, and engage with financial institutions without needing to coordinate schedules or secure multiple signatures for every administrative task. This can dramatically speed up the probate process in Surrogate’s Court.
When I advise a client to consider a sole executor, we focus on a few key traits. Is the person organized? Are they decisive and able to communicate clearly with beneficiaries? Do they have the emotional fortitude to handle the responsibility during a difficult time? A single executor removes the potential for disagreements over minor decisions—like which real estate agent to hire or which assets to liquidate first—that can stall an estate administration for months.
This is not to say the sole executor acts without oversight. They are still accountable to the beneficiaries and the court. Their actions must always serve the best interests of the estate. Vesting the authority in one capable individual is often the most direct way to honor your intentions.
When Co-Executors Make Sense
While a single executor is often simpler, there are deliberate circumstances where naming co-executors is a sound strategy. This is not about avoiding hurt feelings; it is about assigning complementary skills to the task of managing your estate. Stewardship.
I have seen this work well when, for example, one child is a CPA with deep financial knowledge and the other is a local business owner with strong practical management skills. One can manage the tax filings and investments, while the other can handle the tangible assets and beneficiary communication. In this model, they are not rivals but partners, each bringing a necessary skill set to their shared fiduciary duty.
Another scenario involves naming a family member alongside a corporate trustee, such as a bank or trust company. This hybrid approach offers family insight while ensuring a baseline of professional, impartial administration. The corporate fiduciary understands the strict filing deadlines and tax obligations, while the family member can provide context on personal items or difficult family conversations.
The Peril of Deadlock
The greatest risk in naming co-executors is deadlock. Unless your will specifies otherwise, New York law generally requires co-executors to act in unison. If two executors disagree on a critical decision—such as the sale price of a family home—the estate administration can grind to a halt.
What happens then? The dispute moves from the kitchen table to the courthouse. Under the Surrogate’s Court Procedure Act (SCPA) § 2102, a fiduciary can petition the court for advice and direction when they are unable to agree. This means more legal fees, more time, and more stress for the entire family. A process that should be about honoring a legacy becomes a public dispute, overseen by a judge who must intervene because the appointed stewards cannot agree on the path forward.
This is why the initial impulse for “fairness” by naming all children can backfire. It forces siblings into a business relationship at the very moment they are grieving. Old rivalries can resurface, and what was intended as a gesture of equal love becomes the instrument of family division.
Building a Contingency into Your Will
If you are committed to the idea of co-executors, you must build a framework for success directly into your will. Simply naming them is not enough. Your will can and should provide guidance on how they are to work together.
We can draft provisions that allow for a majority to act, rather than requiring unanimity. We can designate a specific executor to have the final say on a particular type of decision—for instance, giving the child who runs the family business authority over its disposition. Another option is to name a neutral third-party advisor who can be called upon to break a tie.
The choice of an executor—or executors—is one of the most important decisions in your estate plan. This decision determines who will take custody of your life’s work and see it through to the next generation.
If you are thinking through who to appoint as the steward of your estate, the first step is to analyze the practical dynamics. We can schedule a meeting to review your family situation and the nature of your assets to help you make an intentional and prudent choice.
