When someone passes away, their estate must be managed according to their will or, in some cases, through intestacy rules.
This responsibility usually falls on an executor of a will. But what happens when more than one person is appointed as executor?
These are called joint executors of a will, and understanding how they work together is crucial for a smooth probate process.
In this blog, we’ll explore:
What joint executors are.
How they work together during probate.
Whether both co-executors need to sign documents.
If joint executors both have to apply for probate.
Whether one executor can act without the other in the UK.
Tips to prevent disputes between joint executors.
What Are Joint Executors of a Will?
An executor is the person responsible for managing a deceased person’s estate.
This includes applying for probate, paying debts, and distributing assets to beneficiaries.
Sometimes, instead of naming one executor, the will appoints two or more executors.
These are known as joint executors.
The main reason for appointing joint executors is to share responsibilities and ensure that if one executor is unable to act, another can step in.
For example, a parent may name two children as executors to manage the estate fairly.
Learn more about the general role of executors in our detailed guide: What is the role of an executor of a will?
Do Both Co-Executors Need to Sign?
One of the most common questions people ask is: do both co-executors need to sign documents?
The answer depends on the type of document:
1. Probate application: Yes, all executors named in the will who are willing to act must sign the probate application.
2. Estate accounts and legal forms: In most cases, all acting executors must sign these documents to ensure transparency and legal compliance.
3. Cheques or financial transactions: Banks usually require all joint executors’ signatures to release funds, unless authority is delegated.
This joint signing requirement helps prevent fraud and ensures that no executor makes decisions unilaterally without the others’ consent.
Do Joint Executors Both Have to Apply for Probate?
Yes, in most cases, joint executors both have to apply for probate if they wish to act.
This means each executor must provide personal details, proof of identity, and sign the probate application.
However, if one executor does not wish to act, they can:
1. Give up their position as executor and resign it permanently.
2. Reserve power allows the other executor to act, but retain the right to step in later if needed.
This flexibility ensures that probate can proceed even if one executor cannot or does not want to take part.
Can One Executor Act Without the Other UK?
A common concern is whether one executor can act without the other.
In the UK, the rule is clear:
If two or more executors are named and have agreed to act, they must act jointly.
This means one executor cannot act alone on major decisions, such as selling property or distributing assets.
The only situation where one executor can act without the other is if:
The other executor has renounced their role.
The other executor has reserved power.
The court allows one executor to proceed due to exceptional circumstances.
This system protects beneficiaries and prevents disputes by ensuring accountability.
Responsibilities Shared by Joint Executors
Joint executors have several key responsibilities they must complete together, including:
1. Applying for the grant of probate – submitting the necessary forms to the probate registry.
2. Valuing the estate – information on assets, including real estate, bank accounts, and investments.
3. Paying debts and taxes – making sure all obligations are met before allocating inheritances.
4. Distributing assets – sharing the estate in accordance with the terms specified in the will.
5. Maintaining estate accounts – keeping a record of all transactions to show transparency.
All of these responsibilities must be managed with cooperation and agreement between executors.
What Happens If Joint Executors Disagree?
Unfortunately, disagreements between executors are not uncommon.
These may arise due to personal conflicts, disputes over how to value assets, or disagreements about how quickly to distribute funds.
A disagreement amongst joint executors may cause the probate process to drag on.
The actions listed below can be taken in these situations:
Mediation: Executors can work with a mediator to resolve disputes amicably.
Court intervention: As a last resort, one executor may apply to the court to remove the other or seek directions.
Professional support: Executors can appoint a probate professional to act on their behalf, reducing conflict and ensuring compliance.
Benefits and Challenges of Having Joint Executors
Benefits
Shared responsibility makes the workload lighter.
Reduces the risk of fraud or mistakes.
Ensures continuity if one executor cannot act.
Challenges
Requires constant communication.
Slower decision-making due to the need for joint agreement.
Risk of conflict between executors, especially if family dynamics are strained.
Practical Tips for Joint Executors
To ensure a smooth probate process, joint executors should:
Communicate regularly – keep each other informed at every step.
Divide tasks fairly – assign responsibilities based on strengths.
Keep records – maintain detailed financial records for transparency.
Seek professional advice – from a probate specialist if you are unsure.
How Probate Central Can Help Joint Executors
If you are grieving the loss of a loved one, managing probate as a joint executor can be extremely taxing.
Probate Central provides expert probate services across the UK.
Our team can help with:
Probate applications.
Estate valuation and administration.
Resolving executor disputes.
Ensuring compliance with UK probate law.
Summary
When more than one person is appointed as executor, they must work together to manage the estate responsibly.
Joint executors of a will have shared legal duties and must apply for probate, sign documents, and make decisions together.
While this system offers safeguards, it can also present challenges if disagreements arise.
With the right communication and professional support, joint executors can successfully complete the probate process, ensuring the wishes of the deceased are respected and beneficiaries receive their rightful inheritance.
For tailored guidance, contact us today, your trusted partner in navigating the UK probate process.