Choosing an executor is a key part of preparing your will. For parents with several adult children, this choice can be emotional. Many parents in Suffolk County want to name all their children as executors to avoid anyone feeling left out or thinking a sibling is favored. While this feeling is natural, it is more important to pick someone who can handle the job well. Naming multiple children as co-executors works for some families, but in others, it can lead to delays, disagreements, extra paperwork, and higher costs.
At Bernard Law P.C., we advise clients to think of inheritance and estate administration as separate issues. Children can inherit equally even if only one serves as executor. Being an executor is a job with legal and financial duties, not an extra inheritance or a family honor. When choosing an executor, we consider family relationships, financial skills, location, time available, the estate’s complexity, and how well the children work together.
Naming One Child Does Not Mean You Are Favoring That Child
Some parents think that if their children inherit equally, all should be executors too. But these are separate matters. Your will decides who gets your property, while your executor manages the estate process.
Under New York Surrogate’s Court Procedure Act § 1414, a person named in a will who is entitled to letters testamentary and is eligible to serve may qualify and receive authority from the Surrogate’s Court. Once appointed, an executor may have substantial responsibilities involving bank accounts, investments, real estate, creditor claims, tax matters, estate expenses, and distributions to beneficiaries.
New York Estates, Powers and Trusts Law § 11-1.1 also gives fiduciaries significant statutory powers for administering estate property. An executor may need to collect assets, manage investments, address real estate, settle obligations, and ultimately distribute the estate according to the will.
That’s why we suggest parents focus on ability, not just fairness, when picking an executor. One child might be more organized, better with finances, live nearby, or feel comfortable working with professionals. Choosing this child does not give them a bigger share of the estate. It just means they are best suited for the job.
When Naming All Of Your Children As Co-Executors Can Work
Sometimes, naming two or more children as co-executors is a good idea. If your children get along well, talk often, and have made big decisions together before, sharing the job can work. Co-executors can also balance each other and split tasks based on their strengths.
For example, one child might live near your Hauppauge home and handle property matters, while another has financial experience and can review investments and records. When siblings work together, dividing tasks like this can be helpful.
However, parents should consider how their children really interact, not just how they hope they will get along. Grief can make old disagreements worse. Even families that usually get along can find decisions about the family home, belongings, or money become emotional. Instead of preventing family conflict, it may place siblings in a legal relationship that requires them to make important financial decisions together during a stressful period.
Too Many Executors Can Make A Simple Estate Harder To Administer
Handling an estate often means making many decisions. Executors may need to talk to banks, investment firms, insurance companies, real estate agents, accountants, lawyers, beneficiaries, and government offices. They must sign documents, gather information, review bills, handle taxes, and distribute assets.
Having several executors means more coordination for every task. Even if siblings agree on the main goal, small differences can slow things down. One might reply to emails right away, while another takes weeks. One may want to sell property quickly, while another prefers to wait. A third child living in another state might have trouble signing documents or joining meetings.
Disagreements are especially tough if the estate includes a family business, valuable property, special investments, or items with sentimental value. The executor’s job gets harder when every decision turns into a family discussion.
We therefore encourage clients to ask a practical question: Will adding another executor improve the administration of my estate? If the answer is no, naming additional children merely to create the appearance of equality may not benefit anyone.
Consider Eligibility And Where Your Children Live
Not everyone nominated in a will is automatically entitled to serve. New York Surrogate’s Court Procedure Act § 707 establishes eligibility requirements for fiduciaries. Among other restrictions, the statute addresses minors, individuals who are incompetent, and certain nonresident noncitizens. The court may also consider whether a proposed fiduciary is otherwise unfit to execute the duties of the office.
Geography can also matter even when a child is legally eligible. A child living close to Suffolk County may have an easier time handling matters involving a local residence, personal property, or other assets than a child living across the country.
This issue deserves additional attention for snowbird families. If you divide your time between New York and Florida or own property in both states, your estate may involve administration in more than one jurisdiction. Florida refers to the person administering an estate as the personal representative, and Florida law has its own rules concerning joint personal representatives and estate administration.
For families with substantial connections to both states, executor selection should therefore be coordinated with the larger estate plan rather than considered in isolation. Where property is located, how it is titled, whether a trust owns the property, and where your proposed fiduciaries reside can all affect the practical administration of your estate.
A Better Solution May Be One Executor With Successors
Naming one child as executor does not mean your estate plan has to depend entirely on that person. A well-drafted will can name a primary executor and one or more successor executors who can serve if the first person dies, becomes incapacitated, declines the appointment, or is otherwise unable to serve.
This structure can provide continuity without requiring several children to participate in every decision simultaneously. For many families, naming the child best suited for the responsibility as primary executor and another child as successor is more efficient than appointing every child as a co-executor.
There is no universal rule that one executor is better than several. We have families where co-executors work extremely well, and others where placing siblings together in that role would create predictable problems. The right decision depends on the people involved and the nature of the estate.
Our goal is not to make every estate planning document look the same. We want the fiduciary structure to reflect how your family actually functions and what your estate will require. The best executor is ultimately the person, or combination of people, most likely to carry out your wishes carefully, efficiently, and fairly.
Estate Plan Executor Frequently Asked Questions
Can I Name More Than One Executor In My New York Will?
Yes. A New York will may nominate multiple people to serve as executors. Whether doing so is advisable depends on your family relationships, the complexity of your estate, and the ability of the proposed executors to work together. We recommend considering the practical consequences rather than automatically naming every child. Several executors can provide valuable oversight and shared responsibility, but additional decision-makers can also slow estate administration if communication is difficult.
If I Name Only One Child As Executor, Can My Children Still Inherit Equally?
Yes. Serving as executor and inheriting from an estate are separate matters. You could leave your estate equally to three children while appointing only one of them as executor. The executor’s appointment gives that child responsibility for administering the estate. It does not automatically give that child a larger inheritance. We frequently explain this distinction to parents who are concerned that selecting one executor will appear unfair to their other children.
What Should I Look For When Choosing An Executor?
We generally look for reliability, organization, judgment, financial responsibility, communication skills, and the ability to remain objective when family disagreements arise. Availability also matters. Someone may be exceptionally capable but have professional or family obligations that make administering an estate difficult. For estates involving businesses, complicated investments, multiple residences, or significant tax considerations, the ability to work effectively with attorneys, accountants, and financial professionals can be especially important.
What Happens If My Children Cannot Agree As Co-Executors?
Disagreement between co-executors can make estate administration substantially more difficult. Routine decisions may take longer, and significant disagreements concerning property sales, expenses, investments, or distributions can lead to additional legal proceedings. This is one reason we discuss existing sibling relationships with clients before recommending a fiduciary structure. If two children routinely disagree over financial or family matters now, requiring them to jointly administer an estate may not improve that relationship after a parent’s death.
Should I Name My Oldest Child As Executor?
There is no New York rule requiring the oldest child to serve as executor. Birth order should generally have little to do with the decision unless the oldest child also happens to be the person best suited to perform the job. A younger child may live closer, understand your finances better, have more available time, or be more capable of managing difficult family discussions. We prefer selecting an executor based on qualifications and circumstances rather than family tradition.
Can One Of My Children Refuse To Serve As Executor?
Yes. Being nominated in a will does not force someone to accept the responsibility. A nominated executor may decline to serve. This possibility is one reason a thoughtfully drafted estate plan should identify one or more successor executors. Having successors already named can reduce uncertainty if your first choice is unwilling or unable to serve when the time comes.
Should Snowbirds Choose An Executor Differently?
Sometimes. New York residents who spend substantial time in Florida or own Florida property may have additional estate administration considerations. We review where property is located, how it is titled, whether a trust is involved, and whether additional proceedings could be required in Florida. The location and availability of the proposed executor can become particularly important when an estate contains property in both states. Snowbird planning should coordinate the fiduciary appointment with the rest of the New York and Florida estate plan.
Speak With Our Shoreham Estate Planning Attorney About Choosing Your Executor
Choosing an executor is about much more than putting a child’s name into a will. The person you select may eventually be responsible for managing property, addressing debts and taxes, dealing with financial institutions, communicating with beneficiaries, and carrying out some of the most important provisions of your estate plan. At Bernard Law P.C., we help clients consider family dynamics, asset complexity, snowbird concerns, and the practical responsibilities involved before deciding whether one executor, co-executors, or a primary executor with successors makes the most sense.
Our approach to estate planning is based on creating a plan for the individual family rather than forcing every client into the same structure. The executor arrangement that works for one Suffolk County family may be entirely inappropriate for another. Call our Shoreham estate planning lawyer at Bernard Law P.C. at (631) 378-2500 to schedule a free consultation.
