Short Answer, NO. There should only be one Personal Representative in a Will – period. It is my experience that having two, especially siblings, causes many problems during probate. Clients sometimes ask me about this because they are afraid to pick between their children and do not want to create conflict. As a mother of three children, I understand this dilemma entirely, but I would still only have one Personal Representative named.
Having Co-Personal Representatives means all decisions must be made unanimously, and both must sign any documents that require signatures.
Meeting this requirement can create scheduling nightmares and even an outlet to get revenge on a sibling by being difficult.
All Personal Representatives are liable for any damage to assets or wrongdoing.
Presumably, no testator names a Personal Representative they believe will act without fiduciary diligence, but more Personal Representatives create more significant liability exposure.
Disagreements between or among Personal Representatives can cause delays in the probate process.
There are plenty of opportunities for conflict: who is taking on what tasks, how to manage property and assets, or how to handle family members.
You do not have to choose between your children as your children do not have to be chosen as Personal Representatives; other options can be considered —siblings, friends, or your attorney can serve. In Florida, the only caveat is that your Personal Representative must be related by blood or marriage OR be a Florida resident.
Heidi S. Webb, Attorney at Law, serves clients in Daytona Beach, Ormond Beach, Port Orange, and beyond with matters of Elder Law, Estate Planning, and Small Business Law. Contact her today to schedule a free consultation. Visit her page on Facebook, or see what her clients are saying to learn more about Heidi.
