Co-Executors in Miami, Florida

Some testators choose to name more than one person to serve as personal representative of their estate. In Florida, these individuals are known as co-personal representatives (often referred to colloquially as co-executors). While appointing co-personal representatives can provide checks and balances and ensure that multiple perspectives are considered during administration, it can also create complications when the co-personal representatives disagree. The Law Offices of Albert Goodwin, PA advises clients throughout Florida on issues involving co-personal representatives, including disputes that arise during estate administration.

How Co-Personal Representatives Are Appointed

A testator may name two or more persons to serve as co-personal representatives in their will. When the will is admitted to probate, the court will issue letters of administration to all named co-personal representatives, provided each meets the eligibility requirements of F.S. § 733.303 and F.S. § 733.304. Each co-personal representative must be at least 18 years of age, mentally and physically capable of performing the duties, free of felony convictions, and—if not a Florida resident—related to the decedent within the degrees specified by statute.

In some cases, the court may appoint co-personal representatives even when the will does not specifically name them. This can occur when the court determines that the complexity of the estate requires more than one fiduciary or when competing petitions for appointment are filed and the court concludes that appointing multiple personal representatives will best serve the interests of the estate and its beneficiaries.

How Co-Personal Representatives Act Together Under F.S. § 733.615

The central statute governing the conduct of co-personal representatives in Florida is F.S. § 733.615. This statute establishes the general rule that when two or more personal representatives are serving, they must act by majority decision. If there are only two co-personal representatives, they must act unanimously—both must agree before taking any action on behalf of the estate.

This requirement of joint action means that neither co-personal representative can unilaterally sell estate property, make distributions, pay claims, or take other significant actions without the concurrence of the other. For practical purposes, both co-personal representatives must sign legal documents, authorize transactions, and agree on the course of the administration.

There are limited exceptions to the unanimity requirement. Under F.S. § 733.615(2), a co-personal representative may act alone in certain urgent situations, such as when immediate action is necessary to preserve estate assets from loss or damage and the other co-personal representative is unavailable. However, the acting co-personal representative must promptly notify the other of any action taken and must be prepared to justify the necessity of acting alone.

What Happens When Co-Personal Representatives Disagree

Disagreements between co-personal representatives are one of the most significant risks of having multiple fiduciaries. When two co-personal representatives cannot agree on a course of action, the administration of the estate can grind to a halt. Common areas of disagreement include:

• Whether to sell estate property or retain it for distribution in kind
• The valuation of estate assets
• How to invest estate funds during the administration
• Whether to accept or reject creditor claims
• The timing and manner of distributions to beneficiaries
• The hiring and compensation of attorneys, accountants, and other professionals

When co-personal representatives reach an impasse, any interested person—including either co-personal representative or a beneficiary—may petition the court to resolve the dispute. The court has broad authority under the Florida Probate Code to direct the personal representatives on how to proceed, to authorize one co-personal representative to act alone on specific matters, or to take other action the court deems appropriate.

Liability of Co-Personal Representatives

Each co-personal representative has an individual fiduciary duty to the estate and its beneficiaries. Under F.S. § 733.615(3), a co-personal representative who does not join in or consent to an action taken by the other co-personal representative is not liable for that action, provided they did not participate in or conceal the action. However, a co-personal representative who knows that a fellow co-personal representative is committing a breach of fiduciary duty has a duty to take reasonable steps to prevent the breach or to notify the court.

This means that a co-personal representative cannot simply ignore the administration and claim ignorance when things go wrong. If one co-personal representative becomes aware that the other is mismanaging estate assets, engaging in self-dealing, or otherwise breaching their duties, the knowing co-personal representative has an obligation to act. Failure to do so may result in joint liability for the resulting losses.

Removal of One Co-Personal Representative

If one co-personal representative is failing to perform their duties or is acting contrary to the interests of the estate, any interested person may petition the court for their removal under F.S. § 733.504. Grounds for removal include the same grounds that apply to the removal of a sole personal representative: breach of fiduciary duty, incapacity, conflict of interest, failure to account, mismanagement, and other conduct that demonstrates the co-personal representative is unfit to serve.

When one co-personal representative is removed, the remaining co-personal representative continues to serve and assumes sole responsibility for the administration. If both co-personal representatives are removed or if the sole remaining co-personal representative is unable to serve, the court will appoint a successor personal representative.

Advantages of Appointing Co-Personal Representatives

There are several situations in which appointing co-personal representatives may be advantageous:

• Checks and balances. Having two fiduciaries means that each can monitor the other's actions, reducing the risk of fraud, self-dealing, or mismanagement. This can be particularly important in large or complex estates where the opportunities for misconduct are greater.
• Complementary skills. If one personal representative has financial expertise and the other has knowledge of the family's personal circumstances, they can work together to administer the estate more effectively than either could alone.
• Family harmony. In some families, naming only one child as personal representative can create resentment among siblings. Naming multiple children as co-personal representatives may help preserve family relationships by ensuring that all perspectives are represented in the administration.
• Professional and family combination. Some testators name a professional fiduciary (such as a bank trust department or attorney) along with a family member, combining professional expertise with personal knowledge of the decedent's wishes and family dynamics.

Disadvantages of Appointing Co-Personal Representatives

Despite the potential benefits, appointing co-personal representatives also carries significant risks:

• Deadlock. When two co-personal representatives disagree, the estate administration can be paralyzed. Because two co-personal representatives must act unanimously, a single disagreement can prevent any action from being taken, potentially resulting in delays, missed deadlines, and financial losses.
• Increased costs. Co-personal representatives are each entitled to compensation under F.S. § 733.617. While the total compensation may be apportioned between them, having two fiduciaries can increase the overall cost of administration, particularly if disputes require court intervention.
• Slower decision-making. Even when co-personal representatives agree in principle, the logistics of coordinating decisions, signing documents, and communicating with third parties can slow the administration and increase administrative burden.
• Litigation risk. Disagreements between co-personal representatives can escalate into costly litigation, which depletes estate assets and delays distributions to beneficiaries.

Best Practices When Naming Co-Personal Representatives

If you are considering naming co-personal representatives in your will, there are several steps you can take during the estate planning process to minimize the risk of future conflicts:

• Include a provision in the will specifying how disputes between co-personal representatives should be resolved, such as through mediation or by deferring to a named tiebreaker.
• Consider granting one co-personal representative the authority to act independently on routine matters while requiring joint action only for significant decisions.
• Name an alternate personal representative who can serve if one or both co-personal representatives are unable or unwilling to serve or must be removed.
• Discuss your intentions with the proposed co-personal representatives before executing your will to ensure they are willing to work together and understand the scope of their responsibilities.

Contact a Florida Probate Attorney

Whether you are serving as a co-personal representative and facing a dispute with your counterpart, are a beneficiary concerned about the actions of co-personal representatives, or are planning your estate and considering whether to name co-personal representatives, the Law Offices of Albert Goodwin, PA can provide the guidance you need. We handle probate and estate administration matters throughout Florida and have extensive experience resolving disputes involving co-personal representatives. Our office is located at 121 Alhambra Plz #1000, Coral Gables, FL 33134. Call us at 786-522-1411 or email [email protected] to discuss your case.