How many co-executors can be named in a Will?

Get Legal Help Today

 Secured with SHA-256 Encryption

How many co-executors can be named in a Will?

Asked on October 13, 2010 under Estate Planning, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I don't believe that there is any any restriction on the number of co-executors that can be listed in a Will, as long as each person is qualified to serve in such a capacity. To be an executor or "personal representative" in NY, a person must be at least the age of 18 and must not have been convicted of a felony. Additionally, if an executor (co-executor) is not a resident of the state they will have to file a bond with the appropriate Probate Court in which the Will is filed.  However settling an estate, even a simple one, involves numerous details and technical requirements. The more people involved, the more complex and contentious things can get. Also, in addition to all out-of-pocket expenses in managing and settling the estate, executors generally earn a fee for their work (subject to court approval).  Apportioning these fees among co-executors can get tricky. So limiting the number of co-executors to 2 or 3 would probably best. Possibly, naming one executor with a contingent executor (in case the first cannot serve) would be a better option.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption