If a co-executor has died, the surviving executor(s) will need to get a copy of the death certificate for their records. Co-executors. ELM Legal Services can provide this service if required. Co-executors must work as a team when making decisions for the estate. You can provide that your co-executors must act together or that each may act independently of the others. An application can be made by the other executors to the Court under the Administration of Justice Act 1985. They should also be someone you believe has the ability to handle the duties of an executor, who needs to be able to communicate effectively with the court, the creditors of the estate, the heirs, and any attorneys, accountants, realtors, or other professionals needed to assist with the estate. Matters can get complicated when an executor or beneficiary occupies a property and expresses a wish to remain there, but the other executor(s) or beneficiaries want to sell it. Pinterest. If one co-executor disagrees with the decision of the other co-executor, then action cannot be taken until the conflict is resolved and both parties are in agreeance. The law sees each co-executor as one entity, so if one co-executor acts on duty or makes a decision, it reflects as if all did the action. Appointing two executors who have conflicting interestsor who can't stand each otheris a sure way to complicate the probate process and increase the chances of litigation over the estate. Corporate trustees are allowed so long as they can exercise trust powers in Texas. However, it is rarely a good idea to do so. It's a topic no one likes to think about: the inevitable clean-out of your parents' belongings. PDF A Guide for the Texas Independent Executor - Cameron County, Texas If a co-executor has agreed to have power reserved to them, theyll receive a Notice of Power Reserved, which will be signed by the executor(s) who are planning to act in the estate. Reasons to appoint a co-executor of your will | LegalZoom LegalZoom provides access to independent attorneys and self-service tools. When having your Will drawn up, you should ideally select two executors who you believe will be able to do a good job in estate administration. Do Co-Executors have to Work Together? Or Can Each One Act Alone? If so, consider the appointment of an independent co-executor such as the will-maker's accountant (bear in mind that professional executors will charge for their services and non-beneficiary executors [whether professionals or not] are likely to claim commission).