Resolving Co-Executor Conflicts in Ohio Probate Court

Co-Executors Not Agreeing?

When a parent chooses more than one child as co-executors, it’s often done with the best intentions. It can feel fair, help avoid favoritism, and give siblings an equal say in carrying out their loved one’s wishes.

However, sharing executor responsibilities during probate can be challenging if co-executors struggle to communicate, trust, or agree.

A co-executor dispute in Ohio can delay an estate for months. Bills remain unpaid, property stays unused, and beneficiaries become more impatient each day. When executors disagree, the estate stalls because major actions typically require both signatures and mutual approval.

Ohio law offers a clear path when co-executors cannot cooperate. Families have various tools, both informal and court-based, to resolve deadlocks and resume probate processes.

How Co-Executors Work in Ohio

Under Ohio law, any executor, whether serving alone or alongside another, has a fiduciary duty to act in the best interests of the estate. That means every co-executor must follow the will, obey the law, and administer the estate with honesty, transparency, and reasonable care.

When there are two or more executors, they share equal authority unless the will says otherwise. In most estates, that means both must sign the inventory, both must approve the sale of real estate, and both must participate in accounting and distribution decisions. Even routine steps like hiring a realtor or selling a vehicle can be difficult if one executor is unresponsive or disagrees about how things should be handled.

This shared authority is why co-executor disputes quickly become estate-wide problems. One person dragging their feet or outright refusing to cooperate can prevent the entire estate from moving forward.

Why Co-Executors Clash

One co-executor might want to sell the family home right away, whereas the other prefers to keep it until “the market improves” or until personal feelings calm down. Others may disagree on dividing personal property, determining how much to spend on repairs or professional services, or deciding if assets should be sold or distributed directly.

Often, one co-executor handles most tasks like gathering documents, communicating with the court, meeting professionals, and paying bills, while the other contributes little but expects equal control and credit. Resentment grows when the workload is uneven.

Lack of transparency fuels disputes. When one co-executor controls the checkbook, communicates only with attorneys or accountants, or makes decisions without the other’s input, mistrust grows. Family tensions, such as sibling rivalries, unequal caregiving, or disputes over past financial support, can add emotion to tough decisions.

As a result, probate slows, beneficiaries pressure executors, and the estate risks missing deadlines or losing value.

Start with the Simplest Fix

Before involving the probate court, families are expected to try resolving co-executor disagreements on their own. Clear communication and simple organization often go a long way toward easing tension and getting the estate moving again.

Here are some tips for a smoother process:

1. Schedule a dedicated discussion, ideally with the estate’s attorney, to review next steps like appraisals, deadlines, and property decisions.
2. Divide responsibilities so each co-executor knows their role, even though major decisions still require both signatures.
3. Put agreements in writing through email summaries or shared checklists to avoid misunderstandings.

If these steps aren’t enough, mediation is the next option. A neutral mediator helps co-executors talk through issues, reduce emotional pressure, and reach practical solutions without a judge imposing an outcome. Mediation provides structure, encourages productive conversation, and often resolves disputes faster and more affordably than litigation.

When the Probate Court Must Step In

If informal methods fail and the estate remains stuck, the probate court has the authority to intervene. Sometimes this means accepting the resignation of a co-executor who no longer wishes to serve. Other times, the court may remove an executor who is neglecting duties or harming the estate.

Ohio law permits removing an executor if there is misconduct, incompetence, neglect, or if the estate’s interests require it. The reason cannot be just disagreements; there must be concrete evidence that the executor’s actions threaten the estate. Examples include refusing to share information, failing to sign essential documents, or causing unnecessary delays.

In cases where one executor steps down or is removed, the court may allow the remaining co-executor to serve alone, restoring momentum and preventing further damage to the estate.

Practical Steps if You’re Stuck in a Co-Executor Dispute

When facing a difficult co-executor, it’s helpful to take proactive steps early on. Keep thorough records of your communication efforts, any delays, or responsibilities that might be overlooked, as these can be valuable if the case needs to go to court. It’s best to avoid “self-help” actions, such as distributing assets without approval, as they can lead to legal complications.

Most importantly, contact an experienced Ohio probate attorney promptly if a dispute affects the estate. Early advice can prevent escalation to removal proceedings. Co-executor disputes can harm the estate and family, but Ohio law offers options ranging from informal discussions to mediation to court action to resolve deadlocks.

If you’re facing a co-executor dispute in Ohio, getting experienced legal guidance early can help you understand your options, protect the estate, and move forward in a way that honors your loved one’s final wishes. Reach out to our team now for a consultation.