Wills and Trusts: Is Appointing Co-Fiduciaries Wise?
When writing a will or setting up a trust, choosing who will carry out your wishes is a critical decision. To avoid hurt feelings among adult children or balance family dynamics with technical expertise, many people default to appointing co-fiduciaries—naming two or more co-executors or co-trustees. Though naming co-fiduciaries seems like a reasonable solution on paper, in practice, it frequently creates administrative friction, family gridlock, and delays that can become costly. Before appointing multiple fiduciaries, it’s essential to understand the real-world dynamics involved.
There’s No Right Or Wrong Answer
Every family has unique circumstances, hopes and considerations during estate planning, which is why attorneys at Ward and Smith, Terri Sharp and Anna Washa, offer this verdict on co-fiduciaries:
There is no right or wrong answer to naming co-fiduciaries, but it is a decision that deserves careful thought. The administrative burdens and potential for conflict often outweigh the perceived benefits of shared responsibility. In most cases, a single, well-chosen fiduciary, supported by successive alternates and professional advisors, will result in a smoother, more efficient administration.
The intent behind appointing multiple fiduciaries is usually noble: keeping the peace among siblings, sharing a heavy workload, or providing extra oversight. However, as Sharp and Washa caution, “Naming co-fiduciaries can create unexpected conflict and administrative burden that outweigh the benefits.” For example, most state laws require co-executors and co-trustees to act unanimously on major estate decisions. If siblings disagree on the listing price for a childhood home, when to liquidate stock portfolios, or how to resolve an estate debt, the entire process of settling affairs can grind to a halt.
Common pitfalls of appointing multiple co-fiduciaries include:
- Communication & Scheduling Friction: Distance, conflicting work hours, or long-standing personal rivalries can turn obtaining joint physical or digital signatures on routine bank documents and deeds into an exhausting process.
- Duplicative Expenses: Having multiple people manage an estate often doubles the time spent on legal consultations, appraiser visits, and administrative filings—unnecessarily draining estate funds.
- Joint Legal Liability: Under standard probate law, co-fiduciaries share liability. As detailed by Katzner Law Group, if one co-executor makes an unauthorized withdrawal or acts negligently without the other’s knowledge, both individuals can face court sanctions and personal financial liability.
Bringing in a Professional Fiduciary May Make Sense
Because managing an estate or trust requires objective judgment and may require financial and other expertise, pairing a family member with a professional fiduciary—or appointing a professional as a sole or successor fiduciary—can be a wise choice in estate planning. As Goff Legal points out: “By naming a professional fiduciary, you can ensure that all decisions are made with impartiality, which can reduce the risk of family conflicts and trust litigation.” In addition to providing neutrality in the event of familial disputes (sibling rivalries do have a way of flaring up, especially when emotions are running high), professional fiduciaries can also bring these advantages to the administration of a will or trust:
- Experience with Complex Asset & Tax Management: Managing real property, closely held business entities, rental income, or specialized investment portfolios requires technical expertise. Professional fiduciaries understand complex tax filings, fiduciary accounting standards, and prudent investor laws.
- Continuity During Incapacity: Because trustees can manage trust assets before death, a professional co-trustee can step in seamlessly if a grantor suffers a sudden illness or cognitive decline, ensuring bills are paid, assets are protected, and medical arrangements are funded without court intervention.
- Relief for Loved Ones: Administering an estate while grieving is emotionally draining. A professional fiduciary handles the grueling logistics, paperwork, and court deadlines so your family can focus on healing.
Good To Know: What Executors and Trustees Actually Do
Before dividing fiduciary responsibilities among family members or professionals, it helps to clarify what these roles entail and when they take effect. As outlined by the American Bar Association:
- Executors step in only after death. Their authority is granted through probate court, and their role is finite: locating assets, settling valid creditor debts and taxes, and distributing remaining property according to the will.
- Trustees, on the other hand, can be involved both before and after death. A trustee manages and invests trust assets during the grantor’s lifetime (for example, if the grantor becomes incapacitated) and continues managing or distributing those assets long after their passing, based on the trust’s specific terms.
Protecting the Estate: The Role of Fiduciary Bonds
Whether an estate is managed by a family member, professional, or combination of co-fiduciaries, probate courts frequently require a fiduciary bond (also known as an executor, estate, or trustee bond) before issuing official letters of authority.
A fiduciary bond acts as a financial guarantee protecting the estate’s beneficiaries and creditors against financial loss caused by error, fraud, or misadministration—risks that can naturally increase when multiple people handle estate funds.
Speed and accuracy matter when fiduciary bonds are required. That’s why Colonial Surety Company, makes securing fiduciary bonds simple, direct, and digital:
- Simply select the specific bond you need from our extensive online bond library.
- Receive an instant quote.
- Complete the brief application and payment.
- Download or print your court-ready bond.
Colonial Surety Company has a full portfolio of fiduciary bonds. From Executor, Estate, and Trustee Bonds to Guardianship, Conservator, and VA Fiduciary Bonds, we issue compliant bonds in all 50 states.
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