Estate Planning · Probate · Pittsburgh
Co-Executors in Pennsylvania: When Both Must Sign and What to Do When One Won’t
Under 20 Pa.C.S. § 3321, when a Pennsylvania will names two people as co-executors, both must act together unless the will specifically authorizes independent action. Pennsylvania law requires both signatures on every check, both signatures on every deed, both co-executors present or represented at every bank, and both agreeing before any estate asset is sold, distributed, or invested. A will that names two children as co-executors to avoid appearing to favor one over the other has created a structure where neither can act without the other.
Most parents name two children as co-executors with the best intentions — fairness, oversight, shared responsibility. What they create in practice is a two-signature requirement on every administrative task the estate needs to complete. When both children live nearby and cooperate fully, it works. When one lives in another state, travels frequently, or simply does not respond to calls and emails, the estate stalls. The house cannot close. The accounts cannot be opened. The bills keep accruing. The solution is usually one word on a form — renunciation — but most families do not know that until the estate is already behind.
A father died leaving a Mt. Lebanon home, three bank accounts, and a brokerage account. His will named both sons as co-executors — the older son in Pittsburgh and the younger son in Scottsdale. The estate was simple. There were no disputes about distribution. The problem was logistics. The bank required both co-executors present with original Letters Testamentary to open the estate account. The Pittsburgh son could not get his brother back from Scottsdale for six weeks. During those six weeks, the mortgage payment on the Mt. Lebanon house came due. The utilities continued. The property taxes accrued. None of it could be paid because the estate account was not open. When the younger son finally came back, they opened the account. Two months later, the house went under agreement. Closing required both co-executors to sign the deed. The younger son was back in Scottsdale. Coordinating the signing took three weeks and nearly lost the buyer. The younger son executed a formal renunciation after closing. The older son administered the remainder of the estate alone. The renunciation was one document. The delay it prevented on the next transaction would have been the same problem again.
The attorney does most of the actual estate administration work. The executor’s job is to authorize it. When two executors must both authorize everything, the attorney waits for two people instead of one.
If you are named co-executor and the other co-executor is unresponsive, uncooperative, or unavailable, call 412-351-4422 or schedule a consultation to understand your options before the estate falls further behind.
What Co-Executors Must Do Together
Pennsylvania law requires co-executors to act jointly on estate administration tasks. In practice that means both co-executors must sign checks drawn on the estate account, both must sign deeds transferring real estate, both must authorize brokerage account transactions, and both must sign tax returns filed on behalf of the estate. Banks, title companies, brokerage firms, and the Register of Wills all require evidence of both co-executors’ authority before accepting instructions from either one alone.
The Register of Wills in Allegheny County issues Letters Testamentary listing all qualified executors. When two co-executors qualify, both names appear on the Letters. Third parties dealing with the estate — banks, real estate agents, title companies — see two names and typically require both to authorize transactions. Some institutions require both co-executors physically present. Others accept a short certificate confirming executor authority combined with a signed authorization from both. Neither option is simple when one co-executor is in another state or not responding to communications.
The “And” vs “Or” Problem in the Will
The appointment language in the will determines whether co-executors must act jointly or may act independently. “I appoint John and Mary as co-executors” — the word “and” — creates a joint requirement under Pennsylvania’s default rule. “I appoint John or Mary as co-executors” — the word “or” — grants either executor independent authority to act alone. Most will forms and online templates use “and” because the drafter intends to name two executors. What the testator usually wants is for either one to be able to act, which requires “or” or an explicit independent authority provision.
The practical difference is significant. A will that says “and” requires both co-executors to sign everything. A will that says “or” allows either to act without the other. Most families discover which word their parent’s will uses only after the estate is open and a bank or title company is asking for both signatures. By that point the language cannot be changed. The will controls.
The Renunciation: The Simplest Fix
When two co-executors are named and one is unavailable, unresponsive, or simply willing to let the other handle the administration, the cleanest solution is a formal renunciation. Under 20 Pa.C.S. § 3305, a person named as executor in a will may renounce the appointment before or after qualifying. A renunciation filed with the Register of Wills removes that person from the co-executor role entirely. The remaining co-executor qualifies and administers the estate alone.
Renunciation does not affect inheritance rights. The co-executor who renounces still receives their share of the estate as a beneficiary. They simply are not involved in administering it. For families where one sibling is better positioned to handle the administrative work — closer to the assets, more available, more organized — a renunciation by the other sibling is not a concession. It is a practical decision that gets the estate moving. Most smooth co-executor estates we administer resolve this way: one sibling renounces early, the attorney does the administrative work, and the remaining executor authorizes it.
When One Co-Executor Will Not Cooperate
The harder situation is when one co-executor will not renounce and will not participate. Bills go unpaid. Accounts cannot be opened. Real estate cannot be sold. The estate stalls while beneficiaries wait and assets potentially lose value. A co-executor who has qualified but refuses to perform their duties has created a practical deadlock that cannot be resolved without court intervention.
Pennsylvania Orphans’ Court has jurisdiction over executor conduct under 20 Pa.C.S. § 3321. A co-executor or beneficiary may petition the court to remove a non-cooperating executor for failure to perform fiduciary duties. The court may also authorize the cooperating co-executor to act independently if the deadlock is causing harm to the estate. Removal proceedings take time and cost money, which is why renunciation before the estate opens is almost always the better path when the co-executor structure is going to be a practical problem.
What the Attorney Actually Does
In most Pennsylvania estates, the attorney handles the substantive work: inventorying assets, preparing the inheritance tax return, coordinating with the Register of Wills, drafting deeds and account transfer documents, and managing the distribution to beneficiaries. The executor’s role is to authorize that work — to sign documents, provide information, and make decisions when genuine choices arise.
When two co-executors are named, the attorney waits for two people to authorize everything instead of one. In a cooperative estate where both co-executors are available and responsive, the difference is minimal. In a practical estate where one co-executor is in another time zone and takes a week to return calls, the difference is measured in months. The estate does not move faster because two people are in charge. It moves at the speed of the slower one.
Allegheny County Probate and the Register of Wills
In Allegheny County, estates are opened at the Register of Wills office at the City-County Building at 414 Grant Street in downtown Pittsburgh. When a will names co-executors, both must appear to qualify, or one must file a renunciation before the other qualifies alone. Letters Testamentary issued by the Allegheny County Register of Wills reflect whoever qualified — if one co-executor renounced before qualification, only the remaining executor’s name appears. Banks, title companies, and other institutions dealing with the estate rely on the Letters to identify who has authority. A renunciation completed before qualification produces clean Letters naming one executor and eliminates the two-signature problem from the start.
Preventing the Problem at the Drafting Stage
The co-executor problem is almost always a drafting problem. A will that names two children as co-executors to avoid appearing to favor one has created an administrative structure that may serve neither of them well. The alternatives are straightforward: name one executor as primary and the other as successor; name one executor with explicit authority to act independently if the co-executor is unavailable; or name a professional fiduciary as executor with both children as beneficiaries who receive full distributions without being burdened with administrative responsibility.
For testators who want both children involved but do not want to create an administrative deadlock, one option is to give one child executor authority and give the other child a specific role — reviewing accountings, approving distributions over a certain amount, or receiving regular reports. That structure provides oversight without requiring two signatures on every check. A well-drafted will addresses executor authority directly rather than leaving it to the statutory default.
When the Co-Executor Structure Becomes the Estate’s Biggest Problem
The threshold moment in a co-executor estate is the first time a third party requires both signatures and one co-executor is unavailable. That moment reveals whether the co-executor structure is going to work or whether it is going to cost the estate time and money. A house that cannot close because one co-executor is in Arizona costs carrying expenses every month the delay continues. A bank account that cannot be opened because both co-executors need to be present delays every payment the estate needs to make.
For estates currently open with a co-executor who is unresponsive or creating delays, the question is whether a renunciation is still possible and whether it can be obtained without court intervention. For families planning an estate now, the question is whether naming two co-executors actually serves the testator’s goals or whether it creates a structure the estate will struggle to administer. Both questions have answers. Neither improves with delay.
Frequently Asked Questions
Do both co-executors have to go to the bank?
Many banks require both co-executors present to open an estate account or access existing accounts. Some will accept a short certificate plus written authorization from both. Bank policies vary and the requirement is institutional, not statutory. When one co-executor is out of state, this requirement alone can delay estate administration by weeks.
Can one co-executor act without the other in an emergency?
Not under Pennsylvania’s default rule. Unless the will explicitly authorizes independent action, both co-executors must act jointly. An emergency does not create authority that the document does not grant. A co-executor who acts unilaterally in an emergency has still acted without authority, even if the action was reasonable and necessary.
Does the co-executor who renounces still inherit?
Yes. Renunciation of the executor role does not affect inheritance rights as a beneficiary. The co-executor who renounces still receives their share of the estate. They simply are not involved in administering it. Renunciation is an administrative decision, not a financial one.
What happens if co-executors cannot agree on selling the house?
If co-executors cannot agree on a decision required to administer the estate, Orphans’ Court has jurisdiction to resolve the dispute. The court may authorize one co-executor to act, remove a non-cooperating co-executor, or appoint a special administrator to handle the disputed transaction. Court intervention is slower and more expensive than cooperation or renunciation.
Can the will authorize co-executors to act independently?
Yes. A will can explicitly provide that co-executors may act independently, that either may act without the other, or that one has primary authority with the other serving in an oversight role. The statutory default requires joint action, but that default can be overridden by clear language in the will. Most standard will forms do not include this language unless an attorney specifically drafts it in.
For a full overview of executor duties and responsibilities in Pennsylvania, see executor duties in Pennsylvania. For co-agent situations under a power of attorney during the principal’s lifetime, see co-agent power of attorney in Pennsylvania.
Lebovitz & Lebovitz, P.A. · Based in Pittsburgh, Pennsylvania, near the Parkway East. Serving Allegheny County and southwestern Pennsylvania.