Can 1 co-personal representative act without the other one

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Can 1 co-personal representative act without the other one

Mother’s original Will names oldest daughter as executor but a codicil changed it to both daughters. The original will left the house to both daughters but it was to pass to granddaughter upon their deaths. Decendent wanted to be sure granddaughter got the house in the end. And, with only 1 executor was not a problem. The codicil amended it so that the granddaughter would become the sole one to inherit the real porperty/house but named both daughters co-representatives of the Will and estate. Will both co-representatives have to probate the will so that the granddaughter can get the house transferred to her in South Carolina

Asked on December 2, 2017 under Estate Planning, South Carolina

Answers:

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

Answered 3 years ago | Contributor

Typically, both co-personal representatives must sign all documentation regarding an estate. That having been said, the terms of the Will or, in this case, codicil control. If it requires only only 1 PR to sign thereby giving the right to act unilaterally, then just 1 of the co-PR's need sign documents of transfer.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I am so sorry for your loss.  Generally speaking, both personal representatives must sign the deed for transfer of the property BUT the language in the codicil will govern.  So if it says that one may act without the other then only one need to trasnfer the property.  Seek legal help.  Good luck.


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