Co-Representatives and Joint Action

The Default Rule: Everyone Must Agree

Naming co-representatives can seem like a fair way to share the work. This is especially true when multiple children are involved. But the legal reality is harder than most families expect.

Unless the will says otherwise, every act tied to the estate requires all co-representatives to agree. This means selling property, paying creditors, and sharing out assets all need a joint decision. If one person disagrees or cannot be reached, the process can stall.

Three Situations Where One Can Act Alone

The statute carves out three exceptions. First, any co-representative can receive property due to the estate on their own. Second, one may act alone in an emergency to protect estate assets when the others cannot be reached in time.

Third, a co-representative can act alone if the others have given that person the right to do so.

People dealing with one co-representative also get protection. If a third party does not know another co-representative exists, that third party is fully protected. The same applies if the co-representative they deal with says they have the right to act alone.

How This Affects Families in Practice

For families with multiple adult children, naming co-representatives can create more problems than it solves. Simple tasks like closing a bank account or listing a house may need signatures from every representative. If one lives out of state, delays add up fast.

Disputes between co-representatives can lead to court action. That adds legal fees and extends the time it takes to close the estate. As a result, beneficiaries waiting for their share may feel those delays directly.

Naming a single personal representative with a backup is often simpler. This setup avoids many of the problems that come with shared control.