Legal Question in Wills and Trusts in Pennsylvania

If there are 4 executors to an estate, can 3 of them make a decision without the approval of the 4th executor?


Asked on 8/03/11, 8:55 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Depends on what the will says. Are they 4 executors named to act together, or are some of them "successor" executors, in case the previous ones can't act? Consult a local estates lawyer, because executors who don't agree will spell trouble.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 8/03/11, 9:04 am

I don't know what you mean by 4 executors. Are they all to serve at the same time, i.e., are they co-executors? If so, this is a recipe for disaster unless all the executors can agree on everything all of the time.

I would read the will again to see what it says. If it does say that all will serve jointly, then they ought to be more sensible and consider whether it really is necessary for ALL of them to serve jointly. The others can help and the primary executor can seek the input of the others - but there should be one captain of the ship who makes the final calls. Ideally, the executor ought to be the perrson who is closest to where the estate will be probated and whom is best suited to accomplish the taxes in a proper and prompt manner.

If nobody is willing to cede power, then read the will to see if contains a decision mechanism if there is a disagreement. Some wills may say that one executor has the final say so. Others might provide for a decision by a majority of the executors.

If nothing is said in the will, does the estate have an attorney? If not, the executors (assuming that they all agree) can hire one and seek out the thoughts of the attorney. If the executors can't agree, then any of the executors can hire his/her own attorney.

Bottom line is that the executors have to do what the will says. If it is left to the executor's discretion, the courts will not intervene as long as what is done is reasonable. If an executor wants to do something not allowed by the will or which is wholly unreasonable, then one or more of the others will have to file a petition to remove the executor unless they are willing to renounce.

Which leads us back to where I started. If there are 4 co-executors, then 3 of them should seriously consider renouncing the executorship. But I don't know the circumstances nor do I have the will. That is why you need to see a probate attorney in the county where the estate is or will be probated.

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Answered on 8/03/11, 11:18 am


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