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Appointing Multiple Executors, Closing the Estate, Co-Executor, Common Estate, Common Estates, Complex Common Estate, estate, Estate Administration, Estate Business, Estate Planning, Executor, Out-of-State Executor, Planning, probate, Probate Court, probate process, Spouse, Surviving Spouse, Tax Professional, Taxes, Unintended Consequences
In common estates, appointing multiple executors happens regularly. There are many reasons for this occurrence such as sparing feelings of family or lack of confidence in the surviving spouse. Regardless of the reason, using multiple executors can be beneficial to an estate or disastrous to an estate. There are valid reasons to use multiple executors for a common estate, but not many. Unfortunately, those planning their estates tend to overlook essential factors in selecting executors. As a result, they appoint executors for the wrong reasons causing unintended consequences for the estate. So, before appointing multiple executors, those planning their estates must consider the essential factors in selecting executors.
Consequences to Appointing Multiple Executors
While considering multiple executors for their estates, people tend to overlook important factors. Neglecting the following factors can lead to unintended consequences in the estate administration:
- Each executor must act in unison. This factor suggests that each executor must sign documents related to the closing of the estate. Additionally, each executor must take part in the application process for probate as well as other requirements. As a result, delays and inconveniences may cause increase costs in the estate administration. This is especially true if one executor or more lives out-of-state.
- Constant disagreement among executors. If the appointed executors regularly disagree, then there could be problems closing the estate. As a result, one executor will have to petition the probate court to remove the belligerent executor to move the process along. This may increase costs by extending the probate process. Additionally, years of acrimony among those involved in the estate may result.
With common estates, these consequences are easily avoidable by simply appointing one executor. Instead of considering people’s feelings, consider the goal of the estate and choose the right executor as described in the article Choosing the Right Executor to Administer Your Estate.
When it makes Sense to Appoint Multiple Executors
There are times when common estates have complications that require more than one executor to handle. The following reasons would make sense to appoint multiple executors to handle an estate:
- The estate planner wants to name the spouse, but has no confidence in the spouse. In this instance, it makes sense to name the surviving spouse with a co-executor. In this arrangement, the surviving spouse can oversee the administration while the co-executor can perform the administrative tasks.
- The estate planner has a business in which the spouse and children have no involvement. In this instance, it makes sense for the estate planner to name an additional executor to handle only the business.
- While planning the estate, the estate planner wants to name an executor to handle a specific task, such as filing taxes. This makes sense if there is a tax professional in the family and the estate expects tax complications.
Even common estates can be complex. So, if the executors live in-state and are amicable, appointing multiple executors makes sense in a complex common estate.
The Final Word on Appointing Multiple Executors
In most common estates, one executor is more than enough. Usually, people with common estates appoint more than one child or other family members to handle the estate. Apparently, they feel this will avoid favoritism among the children or spare some feelings. More often than not, this tactic results in disaster. Instead, choose an executor that has the temperament to administer an estate. Then, explain to the children or others why you chose this person as executor. Usually, when you clearly communicate your wishes to all involved, avoiding unintended consequences is possible.
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Reference
Naming More Than One Executor, Nolo.com
Recommended Reading
Plan Your Estate – Plan Your Estate will guide you through some important factors you need to consider when appointing executors.