Sometimes, two or more people are appointed by a testator to manage their estate after their demise, making them co-executors of an estate in legal terms. Co-executors are expected to work together to fulfill the wishes of the deceased, but conflicts often arise, creating a deadlock.

The Role of Co-Executors

A co-executor is an individual appointed alongside another person to administer the estate of a deceased individual. In some instances, a co-executor is appointed to help in the administration of a deceased individual’s estate when the primary executor is unable to serve at the time. Co-executors have equal responsibilities in the administration of a late person’s estate.

Co-executors are responsible for the following:

  • Identifying and settling outstanding liabilities.
  • Putting to account all assets left behind by the deceased.
  • Sharing out the estate to heirs named in the will by the testator.
  • Defending claims made against the deceased’s estate.

Reasons for Deadlocks Among Co-Executors

Different reasons result in a deadlock among co-executors, including:

  • A co-executor who prioritizes their interests over the interests of the estate beneficiaries.
  • Disagreement over asset value.
  • Laxity on the part of one executor to the detriment of estate beneficiaries.
  • Financial decisions on how to manage property that the deceased wishes to retain.

How to Resolve Co-Executor Deadlocks

When deadlocks between co-executors become inevitable, the following steps can help in resolving disputes. They include:

  • Open communication between co-executors with the aim of reaching a compromise.
  • Calling on a lawyer to help in the administration of the estate when co-executors are still in conflict.
  • Mediation from a neutral third party when open communication fails to yield fruits.
  • A court intervention when communication and mediation fail to resolve the deadlock.

Take Action to Protect the Estate

A testator can appoint two or more people as executors of their estate upon their demise with the hope that the executors put the interests of the estate above all else. However, disagreements between co-executors pose various risks to the deceased’s estate, including costly and prolonged court battles. Resolving a deadlock between co-executors can involve open communication or mediation and, ultimately, a court intervention when these first two options fail. At Williams Litigation Group, we understand the complexities of probate matters and are here to help families navigate these challenging situations with expertise and care.