In most states, both co-executors do need to sign documents that bind the estate, and the answer to whether both co-executors need to sign is yes by default unless the will grants independent authority or the action falls within a narrow exception. Real estate deeds, estate bank account withdrawals, contracts, and settlement agreements almost always require every co-executor’s signature. Federal tax returns are the biggest exception: the IRS accepts one signature. Get the rule wrong and you can void a transaction, stall probate, or take on personal liability.
Read the Will Before You Sign Anything
The signing rule in your estate is whatever the will says it is. A well-drafted will handles co-executor authority in one of three ways: it requires unanimous consent for every act, it allows decisions by majority vote when there are three or more co-executors, or it grants each co-executor independent authority to act alone. If the will says “any one of them has authority to act alone,” you can sign documents, make distributions, and conduct estate business without your co-executor’s involvement.
If the will is silent on how co-executors make decisions, the state’s default rule fills the gap. Under the Uniform Probate Code, adopted in whole or part by roughly half the states, the concurrence of all co-representatives is required on every act connected with administering and distributing the estate. Non-UPC states generally follow the same principle through their own probate statutes. The reasoning is that a testator who named more than one executor wanted oversight, not a race to sign first.
Read the will carefully and look specifically for language about independent authority or majority-vote provisions. If the will grants independent action, get copies of that provision to every bank, title company, and institution you deal with. Even with clear language, some institutions will still ask to see the will and verify authority before they process a transaction.
What Needs Both Signatures
Real Estate Deeds
Real estate is where the joint-signature rule is enforced most strictly. When an estate includes real property, all qualified co-executors generally must join in signing the deed to transfer ownership. Title companies are cautious about this and will usually refuse to close a sale unless every co-executor signs or the will clearly grants independent authority. If co-executors can’t agree on a sale, most states allow the probate court to authorize fewer than all co-executors to act after a hearing.
Bank and Estate Accounts
Banks treat estate accounts conservatively. When co-executors open an estate account, most financial institutions set it up to require both signatures on checks and withdrawals. This protects the bank from liability if one co-executor mishandles funds. A debit card on an estate account with co-executors is usually a bad idea because it effectively lets one person make unilateral withdrawals.
Closing the decedent’s existing accounts and moving funds into the estate account also typically requires both co-executors to appear with their letters testamentary. Some banks will accept one co-executor if the other provides written authorization, but this varies by institution and there is no guarantee.
Contracts and Settlements
Contracts that bind the estate, whether hiring an appraiser, engaging a real estate agent, or settling a creditor’s claim, generally require every co-executor’s signature. A settlement agreement signed by only one co-executor may not be enforceable against the estate, which leaves creditors in limbo and can expose the signing co-executor to personal liability.
When One Co-Executor Can Act Alone
Even under the default unanimous-consent rule, three situations typically let a single co-executor act without the other’s signature.
- Emergency preservation of assets. When estate property faces an immediate threat and the other co-executor can’t be reached in time, one co-executor can act alone to protect the estate. Approving emergency repairs after a burst pipe or making a mortgage payment to prevent foreclosure are classic examples. The action has to be genuinely urgent and aimed at preserving value, not just convenient.
- Receiving property owed to the estate. A single co-executor can accept and issue a receipt for property or payments due to the estate. Picking up a check owed to the decedent or accepting delivery of an asset does not require both co-executors to be present.
- Delegated authority. Co-executors can agree that one will handle certain tasks on behalf of both. Delegation works best for routine administrative duties. Discretionary decisions that require judgment, like deciding which assets to sell or how to invest estate funds, typically require all co-executors to participate.
When in doubt, get the other co-executor’s signature. The cost of a second signature is a phone call. The cost of a voided transaction is much higher.
Tax Returns Are the Exception
The IRS does not require both co-executors to sign the estate’s fiduciary income tax return. The instructions for Form 1041 state that when there are joint fiduciaries, only one is required to sign.1Internal Revenue Service. 2025 Instructions for Form 1041 and Schedules A, B, G, J, and K-1
For the decedent’s final individual income tax return, IRS Publication 559 uses singular language, requiring the personal representative to sign rather than all co-executors.2Internal Revenue Service. Publication 559 (2025), Survivors, Executors, and Administrators If the final return is a joint return with a surviving spouse, the surviving spouse must also sign.
This is a procedural accommodation, not a substantive one. Both co-executors remain responsible for the accuracy of the return, and both share fiduciary liability if it contains errors. You still need to agree on what the return says. Only one of you has to physically sign it.
Boundaries: Signing Alone Is Not the Same as Being Off the Hook
If your co-executor signs something without you, that does not mean you have no exposure. Each co-executor has an affirmative duty to monitor the other’s actions and prevent breaches of fiduciary duty. You can face personal liability for your co-executor’s breach if you knowingly participate in it or conceal it, fail to exercise proper oversight in a way that enables it, or learn about it and do nothing. Silence is not a defense once you know there is a problem.
The reverse is also true: co-executors are not automatically liable for every mistake the other makes. If you have been diligent, kept records, and acted promptly when you discovered problems, courts generally will not hold you responsible for a breach you could not have reasonably prevented.
What to Do When Your Co-Executor Won’t Sign
Disagreements between co-executors are common, and they can grind estate administration to a halt. When you cannot get a signature on a sale, a distribution, or a settlement, the estate sits in limbo while costs accumulate and beneficiaries wait.
The probate court has tools to break the deadlock. A judge may order mediation. If mediation fails, the court can authorize specific actions over one co-executor’s objection. In severe cases, the court can remove one or both co-executors and appoint a neutral administrator. Grounds for removal include mismanaging estate assets, failing to perform required duties, becoming incapable of serving, disregarding court orders, or making material misrepresentations during appointment. Persistent refusal to cooperate with a co-executor can itself constitute grounds for removal, because it demonstrates a fundamental misunderstanding of the role.
Do not wait months hoping an unresponsive co-executor comes around. The longer a deadlock lasts, the more it costs the estate, and the greater the chance beneficiaries will petition the court themselves.
Habits That Keep Signing From Becoming a Problem
Most co-executor problems are preventable with some upfront coordination. Before you start making decisions, sit down with your co-executor and agree on a process.
- Order plenty of certified letters testamentary. Banks and other institutions each need their own original. Order more than you think you need.
- Open the estate account together. Go to the bank in person with both sets of letters testamentary. Require dual signatures on checks and withdrawals.
- Communicate in writing. After any conversation about a decision, follow up with an email summarizing what was agreed. Email creates a paper trail that protects both of you if beneficiaries later raise questions.
- Document every check, receipt, and decision. If a dispute arises later, records are your defense.
- Do not act unilaterally on major items. Even if you believe you have authority to act alone, getting your co-executor’s written agreement on significant transactions avoids disputes and protects the validity of what you did.
If your co-executor stops responding or refuses to cooperate, consult a probate attorney early. Court intervention is a slower and more expensive fix than a phone call, but it is a faster and cheaper fix than months of paralysis.