How many co-executors can be named in a Will?
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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 13 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.
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