12 Jan One is the Loneliest Number, but Also the Smart Choice… by Zachary A. Chapman

The awareness, popularity, and frequency of estate planning continue to rise. More people are realizing that everyone can benefit from having even a simple estate plan in place. Such a plan not only ensures that an individual’s most valued possessions are distributed as they wish but also spares loved ones from the burden of managing that responsibility during an already difficult time. The importance of this cannot and should not be understated.

Who should serve as your executor, administrator, or personal representative?

However, one extremely important aspect is often overlooked or dismissed as unimportant: Who should serve as your executor, administrator, or personal representative?

In our practice, we often see individuals and couples request that all of their children be named as personal representatives. The reasons are understandable they believe it’s the most appropriate, that it feels fair, or that it avoids having to choose one child over another. From an emotional standpoint, that reasoning makes sense. Yet, in practice, it often leads to unnecessary complications, extra steps, and even conflict.

The same issue can arise when an individual passes away without an estate plan in place. When filing for probate, whether formal or informal, if multiple individuals share equal priority for appointment, it’s common to see everyone at that level request to be appointed as co–personal representatives. Once again, this may seem fair, but it’s rarely practical.

When multiple individuals serve as co-personal representatives, executors, or administrators…

When multiple individuals serve equally as co–personal representatives, executors, or administrators, every task requires the participation of each person. For instance, if a residence needs to be transferred to an heir, every representative must be present to sign the deed before a notary. This becomes even more cumbersome when representatives live in different cities, states, or even countries.

And it doesn’t stop there. Bank accounts, investment portfolios, retirement accounts, pensions, and vehicles all require verification and signatures from each co–personal representative. Whenever an institution or agency requests documentation such as Letters Testamentary, Letters of Administration, or an Order Appointing the Personal Representative, each representative must appear, identify themselves, or sign off on the necessary forms. What seems fair quickly becomes tedious and inefficient.

Beyond convenience, there’s another important consideration: decision-making authority. When everyone has the same level of power, no one can make a final decision without full agreement from the others. While cooperation is the ideal, reality often proves otherwise and the result can be gridlock.

Consider this example: the estate includes an investment account that must be distributed. One personal representative wants their share immediately and is unconcerned about tax implications. Another prefers to leave the funds invested until they retire or reach a lower tax bracket. Without unanimous agreement, nothing can be done. The institution will not proceed, and the matter stalls indefinitely. What should be a simple process instead turns into unnecessary delay and frustration.

Do yourself and more importantly, your heirs a favor: choose just one person to serve as your personal representative.

If you have an estate plan, designate one trusted individual to handle your affairs. If you’re petitioning the court for appointment, request that only one person be appointed. The right person might be:

• The oldest child
• The one who lives closest
• The one most familiar with your assets and circumstances
• The one with the most time or availability
• The most fair-minded or responsible individual
• The person everyone turns to for advice or guidance

However you make your decision, the key is simple: just choose one. It may feel like the loneliest number, but when it comes to estate administration, it is unquestionably the smartest choice.

Written by Zachary A. Chapman, Senior Attorney at KMD Law