Naming co-executors is often meant to promote balance or family harmony. In Florida probate, it frequently does the opposite. When co-executors disagree, probate can slow, stall, or turn adversarial — and the court may be forced to intervene.
Florida law does not assume co-executors will resolve disputes privately. It provides specific rules and remedies when they don’t.
This article explains what happens when co-executors disagree in Florida probate, how authority is exercised, and how courts break deadlock.
Co-Executors Must Act Together Unless the Will Says Otherwise
By default, Florida treats co-executors as joint fiduciaries.
That means:
- Major decisions require agreement
- One co-executor cannot act unilaterally
- Authority is shared, not divided
Unless the will grants independent authority, disagreement can freeze action entirely.
Common Issues Co-Executors Fight Over
Most disputes follow predictable patterns.
Frequent points of conflict include:
- Selling vs. keeping real estate
- Timing of distributions
- Choice of professionals (lawyers, accountants, realtors)
- Handling of rental property
- Paying certain creditors
- Responding to beneficiary pressure
- Strategy in contested matters
Disagreements often reflect different risk tolerance, not bad intent.
What Happens When Co-Executors Deadlock
When co-executors cannot agree:
- Probate actions may halt
- Deadlines may be missed
- Assets may lose value
- Court supervision increases
Florida probate courts do not tolerate prolonged paralysis. Deadlock is treated as a risk factor.
Can One Co-Executor Override the Other?
Usually, no.
Absent specific language in the will:
- One co-executor cannot sell property alone
- One cannot distribute assets alone
- One cannot bind the estate unilaterally
Any unilateral action risks invalidation and personal liability.
How Florida Courts Respond to Co-Executor Disputes
When disagreement reaches the court, judges have several options.
Court-Ordered Direction
The court may:
- Decide the disputed issue directly
- Order a specific action (e.g., sale of property)
- Set timelines for compliance
This removes discretion from both executors.
Imposition of Supervision or Reporting Requirements
Courts may require:
- Frequent status reports
- Accountings
- Prior approval for actions
- Increased oversight
Supervision slows probate but reduces risk.
Appointment of a Neutral Third Party
In some cases, courts may:
- Appoint a neutral personal representative
- Appoint a curator or special fiduciary
- Shift authority away from both co-executors
This is common when hostility is high.
Removal of One or Both Co-Executors
Removal is possible when disagreement causes:
- Missed deadlines
- Asset loss
- Fiduciary breaches
- Procedural noncompliance
Courts remove executors to protect the estate — not to resolve family drama.
Beneficiary Role in Co-Executor Disputes
Beneficiaries often escalate co-executor conflict.
They may:
- File motions to compel action
- Object to delays
- Seek removal
- Challenge fee requests
Beneficiary pressure frequently triggers court intervention even when executors are evenly matched.
Liability Risks When Co-Executors Disagree
Disagreement does not shield executors from liability.
Executors may still be exposed if:
- They fail to act at all
- They allow assets to deteriorate
- They miss deadlines
- They ignore court orders
“Blaming the other executor” is not a defense.
How Courts Decide Who Is at Fault
Florida judges evaluate:
- Which executor attempted to move the case forward
- Documentation of efforts
- Compliance with deadlines
- Reasonableness of positions taken
- Willingness to seek court guidance
The executor who documents diligence usually fares better.
How Co-Executors Can Resolve Disputes Without Court Action
The most effective strategies include:
- Deferring to the will’s priorities
- Seeking joint legal advice
- Using mediation early
- Asking the court for limited instruction
- Dividing responsibilities where permitted
Early intervention prevents escalation.
Why Co-Executor Deadlock Often Makes Probate Worse
Co-executor disputes:
- Increase costs
- Delay distributions
- Invite beneficiary litigation
- Trigger court supervision
- Reduce executor compensation
What starts as “shared responsibility” often becomes shared liability.
When Co-Executors Should Step Aside
If disagreement is persistent and personal:
- Resignation may be appropriate
- Neutral appointment may protect everyone
- Continuing despite conflict often harms the estate
Courts respect executors who recognize when they cannot serve effectively.
Bottom Line
Florida probate assumes executors will act — not argue. When co-executors disagree and probate stalls, courts intervene to protect the estate, not the relationship.
Co-executors who cannot collaborate should expect loss of control, increased scrutiny, and reduced compensation.
