When co-executors disagree, the estate can quickly become stalled. The best way to handle a dispute is to identify the source of the disagreement, attempt to resolve it through communication or legal guidance, and, if necessary, ask the probate court to intervene before delays or financial harm occur.
Serving as a co-executor requires cooperation. While a will may appoint two or more people to share responsibility, they generally have equal authority and must work together to administer the estate. When that relationship breaks down, beneficiaries, creditors, and the estate itself may be affected. If you’re dealing with a dispute between co-executors, understanding your legal options can help you protect both the estate and your responsibilities.
Why Do Co-Executors Disagree?
Most disputes arise because co-executors have different views about how the estate should be managed. Some disagreements are minor, while others can prevent the administration process from moving forward.
Common causes include:
- Disagreements over selling or distributing estate property
- Questions about paying debts or taxes
- Concerns that one co-executor is withholding information
- Personal conflicts between family members
- Allegations that one co-executor is acting for personal gain rather than the estate’s interests
Pennsylvania law requires executors to act in the best interests of the estate and its beneficiaries. Personal disagreements should not interfere with those duties.
Can One Co-Executor Act Without the Other?
Usually, no. When two people are appointed as co-executors, they generally must act together on significant estate decisions unless the will specifically grants independent authority or the court authorizes a different arrangement.
That often includes decisions involving:
- Selling real estate
- Distributing assets to beneficiaries
- Paying major estate expenses
- Filing certain court documents
- Resolving claims against the estate
If one co-executor acts without proper authority, those actions may be challenged later, creating additional delays and expenses.
What Should You Do Before Going to Court?
Court involvement is not always the first or best solution. Many executor disputes can be resolved before litigation becomes necessary.
If you’re experiencing conflict with a co-executor, consider:
- Reviewing the will carefully to determine each executor’s authority
- Keeping detailed records of communications and estate decisions
- Sharing financial records and accountings openly
- Consulting an estate administration attorney for guidance
- Attempting to resolve disagreements through discussion or mediation
Addressing problems early often helps prevent more significant disputes later in the administration process.
When Can the Court Get Involved?
If co-executors reach a complete impasse or one executor fails to fulfill their legal obligations, the Orphans’ Court may become involved.
Depending on the circumstances, the court may:
- Order an accounting of estate assets
- Resolve disputes regarding administration
- Provide instructions regarding executor authority
- Remove an executor who has breached fiduciary duties
- Appoint a replacement executor when appropriate
Courts generally prefer that executors fulfill the role chosen by the person who created the will. However, when conflicts prevent proper estate administration or place estate assets at risk, judicial intervention may become necessary.
Can a Co-Executor Be Removed?
Yes. Removal is possible, but Pennsylvania courts generally require more than simple disagreement or personality conflicts.
A court may consider removing a co-executor when there is evidence of conduct such as:
- Misappropriating estate assets
- Failing to perform required duties
- Refusing to communicate with beneficiaries or the other executor
- Creating unreasonable delays in administering the estate
- Engaging in self-dealing or other breaches of fiduciary duty
The court will evaluate whether removal is necessary to protect the estate and ensure proper administration.
How Can an Attorney Help Resolve Executor Disputes?
Executor disputes often involve both legal and practical challenges. We can help you evaluate your responsibilities, determine whether court action is appropriate, and work toward a resolution that keeps the estate administration moving forward.
Whether you are a co-executor trying to fulfill your duties or a beneficiary concerned about delays, early legal guidance can often reduce conflict and prevent more costly litigation.
Don’t Let an Executor Dispute Delay the Estate
Disagreements between co-executors do not have to bring estate administration to a standstill. The longer a dispute continues, the greater the risk of delays, increased costs, and frustration for everyone involved. At Jones, Gregg, Creehan & Gerace, we help executors and beneficiaries resolve estate administration disputes efficiently while protecting their legal rights. Contact us today to discuss your situation and learn how we can help move the estate forward.