Table of Contents
Key Takeaways
Understanding the Role of Co-Executors
Ten Key Responsibilities of Co-Executors
Why Co-Executors Must Work Together
What Happens When One Co-Executor Fails to Act
How The Grossman Law Firm Can Help
Related Resources
FAQ
Key Takeaways
- Co-executors share equal authority and responsibility during the administration of an estate in California.
- Both must act jointly on all legal, financial, and administrative decisions.
- A failure by one co-executor may create liability for the other.
- The Grossman Law Firm assists co-executors in understanding their duties and avoiding legal disputes.
Understanding the Role of Co-Executors
Probate is the court-supervised process of gathering, managing, and distributing a deceased person’s assets according to their will or California law. It becomes necessary when property titled in the decedent’s name cannot transfer directly to heirs.
When a will names two people to serve as co-executors, both individuals must jointly administer the estate. While this shared appointment can balance responsibilities and oversight, it also requires clear communication and cooperation.
At The Grossman Law Firm, we guide California co-executors through every stage of the probate process—ensuring compliance with court requirements, preventing conflicts, and protecting both executors from potential liability.
Ten Key Responsibilities of Co-Executors
When acting as co-executors, both parties share equal fiduciary duties. This means each has an independent obligation to manage the estate honestly, efficiently, and in the best interests of the heirs.
Here are ten key responsibilities of co-executors during estate administration:
- Act Jointly
- Co-executors must carry out all estate duties together. Both must sign petitions, checks, and legal filings submitted to the probate court.
- Gather and Manage Estate Assets
- The co-executors are responsible for locating, safeguarding, and managing the decedent’s assets—such as bank accounts, investments, and personal property—until distribution.
- Handle Financial Transactions
- Typically, both executors must sign all estate checks and financial documents to ensure accountability and transparency.
- Sign Real Estate Documents
- If estate property must be sold, both executors must sign the deed and any related transfer paperwork to complete the transaction.
- Pay Valid Debts and Expenses
- Co-executors jointly handle payment of final expenses, including medical bills, funeral costs, and other verified debts of the decedent.
- File Required Tax Returns
- Each executor must ensure that both the decedent’s final income tax return and any required estate tax returns are prepared and filed on time.
- Maintain Accurate Records
- Both co-executors should maintain detailed records of all transactions, including receipts, disbursements, and communications with beneficiaries.
- Communicate with Beneficiaries
- Executors must keep beneficiaries informed about the progress of the estate administration and respond to reasonable requests for information.
- Oversee Each Other’s Conduct
- Each co-executor has a duty to monitor the other to ensure proper management and administration. If one fails to fulfill their responsibilities, the other must take action to correct the situation.
- Seek Court Intervention if Necessary
- If one co-executor is negligent or uncooperative, the other may need to petition the probate court for direction or removal. Failing to act could expose both to personal liability for mismanagement.
Why Co-Executors Must Work Together
In California, co-executors must act in unison on all major matters. The court generally requires joint signatures and filings unless one executor formally delegates authority or resigns.
Disagreements between co-executors can delay probate and increase costs for the estate. Common disputes include determining the value of property, handling creditor claims, and communicating with beneficiaries.
When co-executors are unable to cooperate, beneficiaries may request that the court appoint a neutral third-party administrator to facilitate the case’s progress.
What Happens When One Co-Executor Fails to Act
If one co-executor fails to perform their duties or acts in bad faith, the other must take steps to protect the estate and themselves. Options may include:
- Petitioning for court instructions under California Probate Code §9600.
- Requesting the court to remove the inactive co-executor under §8502.
- Filing for partial authority to complete time-sensitive actions such as paying taxes or securing assets.
Failing to address a co-executor’s inaction could result in both being held personally liable for losses to the estate.
How The Grossman Law Firm Can Help
For over 20 years, The Grossman Law Firm has guided executors and beneficiaries throughout California through every phase of the probate process. Attorney Scott Grossman and his team assist co-executors in:
- Filing probate petitions and required court documents
- Managing and valuing estate assets
- Resolving disputes between co-executors or beneficiaries
- Protecting executors from personal liability
- Ensuring timely and lawful estate distribution
Our firm practices exclusively in probate and trust litigation—never estate planning. Whether you’re managing an estate or facing conflict with a co-executor, we can help you protect your legal interests and fulfill your obligations.
Call (888) 443-6590 or fill out our Get Help Now form today.
Our Intake Specialists can evaluate your case to assess your situation at no cost to you. Qualifying cases will be scheduledfor a Free Phone Consultation with Attorney Scott Grossman.
Related Resources
- Who Handles the Estate If There’s No Will in California?
- What If the Executor Won’t File the Will?
- How Long Does the Executor Have to Read the Will?
- Overview of the California Probate Process
- Can’t Afford a Probate or Trust Attorney?
FAQ
Do co-executors have to act together in California?
Yes. Co-executors share equal authority and must act jointly on all significant probate matters, unless the court allows one to act independently.
Can one co-executor be removed?
Yes. If one co-executor fails to perform their duties or acts improperly, the court may remove them upon petition.
What happens if co-executors disagree?
Disagreements can delay probate. If the dispute can’t be resolved, the court may step in to make a ruling or appoint a neutral administrator.
Are co-executors personally liable for mistakes?
Potentially, yes. Each co-executor can be held personally responsible for losses caused by their own negligence or the actions of their co-executor if they fail to intervene.
Originally Published Sep 15, 2016