What to Do When There Is a Dispute Between Executors of a Will

Do you know what to Do When There Is a Dispute Between Executors of a Will?

When a loved one passes away, the last thing a family needs is a fight between the very people appointed to handle the estate. Yet disputes between co-executors of a Will are very common — especially in New York estates where siblings, blended families, or business partners are involved.

If you’re facing a dispute between executors of a will, you do not have to figure it out alone. This guide explains what’s going on, what your legal options are (including how one executor can take court action against another), and when it’s time to speak with a New York probate attorney.

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What Is a Co-Executor — and Why Does a Dispute Between Executors of a Will Happen?

A co-executor is one of two or more people named in a Last Will & Testament  to administer the estate. In theory, they work together. In reality, that doesn’t always happen.

Common reasons co-executors end up in conflict include:

• Old family tensions (sibling rivalry, second marriages, long-standing resentments)
  
• Disagreements about assets (sell vs. keep the family home, business, or vacation property)
  
• Unequal effort (one executor does all the work, the other insists on equal control)
  
• Accusations of mismanagement (claims that one executor is “stealing” or favoring certain beneficiaries)
  
• Poor communication or secrecy (no updates, no documentation, no transparency)
  
• Conflicts of interest (an executor is also a tenant, creditor, or business partner of the estate)
  

In New York, co-executors generally must act jointly on major estate decisions. If they cannot agree, the estate can stall — leaving bills unpaid, assets unsold, and beneficiaries frustrated.

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Step 1: Understand the Legal Duties of Executors

Before escalating a dispute, it’s important for everyone to understand what the law actually requires.

Executors in New York must:

• Identify, collect, and safeguard estate assets
  
• Pay valid debts, expenses, and taxes
  
• Keep accurate records of all money in and out
  
• Act in the best interest of the estate and all beneficiaries (fiduciary duty)
  
• Distribute assets according to the will and New York law
  

They cannot:

• Use estate funds for personal purposes
  
• Play favorites among beneficiaries
  
• Delay administration out of spite or to gain leverage
  

If one executor is not sharing information, not paying bills, or appears to be mishandling funds, the other executor is not powerless. In New York, a co-executor can ask the Surrogate’s Court to step in.

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Step 2: Try Practical Conflict-Resolution First To Avoid A Dispute Between Executors of a Will

Not every disagreement between co-executors needs to become a courtroom battle (though sometimes that’s necessary).

Start with:

1. Formal, Regular Communication to Avoid A Dispute Between Executors of a Will

• Set a regular time (weekly or biweekly) to review:
  
  • Estate bank and investment accounts
    
  • Outstanding bills and debts
    
  • Upcoming decisions (selling property, closing accounts, etc.)
    
• Use email and shared documents so there is a clear written record of what’s been discussed and agreed upon.
  

2. Bring In a Neutral Professional to Avoid a Dispute Between Executors of a Will

Sometimes a neutral voice helps:

• An accountant can walk everyone through estate finances.
  
• A New York probate attorney can explain legal obligations and realistic options.
  
• Mediation can help co-executors reach a practical compromise.
  

3. Divide Tasks (While Remaining Jointly Responsible)

If co-executors are willing to cooperate but keep stepping on each other’s toes, they can:

• Assign one person to handle day-to-day bills and bookkeeping.
  
• Assign the other to handle real estate, business interests, or asset sales.
  

They still need to agree on major decisions and sign important documents, but defined roles can reduce friction.

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Step 3: Document Everything to Avoid A Dispute Between Executors of a Will

Whether you’re a co-executor or a beneficiary watching a dispute unfold, documentation is crucial.

Keep:

• Bank and brokerage statements
  
• Emails and texts between co-executors
  
• Receipts, invoices, closing statements, and contracts
  
• Notes from important conversations or meetings
  

This protects:

• Good-faith executors, who can show they acted properly
  
• Beneficiaries, who need transparency
  
• Anyone who later needs to ask the Court to step in
  

If you eventually need to file a petition to compel an accounting or a petition to remove a co-executor, this documentation can be the difference between winning and losing.

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Step 4: When One Executor Must Take Legal Action Against Another

Sometimes, conversation and compromise aren’t enough. New York law gives a co-executor specific tools to deal with another executor who is uncooperative or possibly breaching their duties.

Petition to Compel an Accounting to Resolve a Dispute Between Executors of a Will

If one executor is controlling information, refusing to disclose what they’ve done with estate funds, or not sharing records, the other executor (or a beneficiary) can file a petition to compel an accounting in the Surrogate’s Court.

This asks the Court to order the problematic executor to:

• Provide a detailed accounting of all estate transactions
  
• Produce supporting documents (bank statements, receipts, closing documents, etc.)
  

If the accounting reveals problems — such as missing funds, self-dealing, or improper payments — the Court can go further, including removal or surcharge (financial penalties).

Petition to Remove or Suspend a Co-Executor As a Way to Resolve A Dispute Between Executors of a Will

If the situation is serious, a co-executor can go a step further and file a petition to remove (or suspend) the other executor. Grounds may include:

• Misappropriation or theft of estate assets
  
• Serious mismanagement or neglect
  
• Refusal to carry out required duties
  
• Conflicts of interest that harm the estate
  
• Hostility or deadlock so extreme that administration cannot proceed
  

The Court can:

• Suspend an executor temporarily
  
• Remove the executor after a hearing
  
• Appoint a neutral fiduciary (like a professional administrator) if necessary
  

This is a powerful remedy — and it requires evidence. That’s why careful documentation from the earlier steps is so important.

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Step 5: If You’re a Beneficiary Caught in the Middle of a Dispute Between Executors of a Will

Beneficiaries often suffer the most when co-executors fight. Distributions are delayed, communication is poor, and no one feels in control.

If you’re a beneficiary facing this situation:

1. Request Information in Writing
   Ask for a clear written update about:
   
   • What assets exist
     
   • What’s been done so far
     
   • What still needs to be done
     
2. Stay as Neutral as Possible at First
   It’s easy to get pulled into family politics. Try to understand the facts before deciding who is “right.”
   
3. Know That You Too Can Go to Court
   Just like a co-executor, a beneficiary can:
   
   • File a petition to compel an accounting
     
   • Seek removal of an executor for misconduct or serious failure to act
     
4. Consult Your Own Attorney
   The estate’s attorney does not represent you personally. A separate probate lawyer can advise you about your rights and the best strategy to protect your inheritance.
   

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Can One Executor Act Without the Other?

In many New York estates, co-executors must act together on key matters, especially:

• Real estate transfers
  
• Changing or closing estate accounts
  
• Signing major settlement agreements
  

If one executor starts acting unilaterally — moving money, selling property, or signing contracts without the other — that can be a serious warning sign.

The non-consulted co-executor can:

• Object in writing
  
• Consult a probate attorney
  
• File a petition in Surrogate’s Court to:
  
  • Stop further unilateral actions
    
  • Compel an accounting
    
  • Suspend or remove the other executor
    

You do not have to “just live with it” if your co-executor is acting improperly.

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How a New York Probate Attorney Can Help Resolve A Dispute Between Executors of a Will

At RK Law, we regularly help:

• Co-executors who are trying to do their job but are blocked by an uncooperative or irresponsible co-executor
  
• Beneficiaries who suspect mismanagement, self-dealing, or unnecessary delay
  
• Executors who have been accused of wrongdoing and need to defend their actions
  

A New York probate attorney can:

• Review the will, court file, and financial records
  
• Explain your rights and obligations as a co-executor or beneficiary
  
• Advise whether to:
  
  • Try further negotiation or mediation
    
  • File a petition to compel an accounting
    
  • File a petition to remove or suspend a co-executor
    
• Prepare and file all necessary Surrogate’s Court paperwork
  
• Represent you in hearings and settlement negotiations
  

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Planning Ahead: How to Prevent Future Executor Disputes

If you are planning your own estate, you can reduce the chances of future executor battles:

• Think carefully before naming multiple co-executors, especially:
  
  • Adult children who already don’t get along
    
  • A second spouse and children from a prior relationship
    
• Consider:
  
  • Naming one primary executor with backups listed in order, or
    
  • Naming a neutral professional executor (such as an attorney or trust company)
    
• Be specific in your will about:
  
  • Whether co-executors must act jointly or can act independently
    
  • Your wishes about selling or keeping specific assets
    

RK Law can help you design an estate plan that minimizes the likelihood of conflict and expensive litigation.

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FAQs: Disputes Between Executors of a Will in New York

Talk to RK Law About Executor Disputes in New York

If there is a dispute between executors of a will — or you are considering a petition to compel an accounting or a petition to remove a co-executor — you don’t have to navigate it alone.

RK Law helps executors and beneficiaries protect their rights, uncover the facts, and move estates forward, even in high-conflict situations.

You can contact us through our website at rklawny.com to schedule a consultation and discuss your options in New York Surrogate’s Court.

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For more information, please contact NYC Probate Litigation, Guardianship, Probate, and Estate Planning attorney Regina Kiperman:

Phone: 917-261-4514
Fax: 929-556-2089
Email: rkiperman@rklawny.com

Or visit her at:
40 Wall Street
Suite 2508
New York, NY 10005
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