Friday, January 17, 2014
Must co-executors file together for probate, or can just one of them file?
Posted by Lynne Butler
When co-executors are named in a will, and both of them intend to take on the job of acting as executors, both of them must sign the application for probate. The document contains portions that must be sworn before a commissioner for oaths, and both co-executors must swear to the truth of the information.
Therefore, they must file the application together. The courts will not accept an application filed by just one co-executor.
The situation is different if one of the co-executors does not want to accept the job as executor. In that case, the co-executor who is not going to act should not sign the application for probate. Instead, he or she should sign a document called a "Renunciation", which formally allows the co-executor to withdraw from being an executor. The renunciation document would be filed along with the application for probate to show the court why only one co-executor is filing even though two were named in the will.
By the way, there are strict rules regarding whether someone is allowed to sign a renunciation, so you should consult a lawyer local to you before signing one.