Can co-executors each seek their own probate attorneys?

Asked almost 2 years ago - Darien, IL

In addition, one co-executor will use their probate attorney for a family settlement while the other seeks their own attorney for a family settlement. Do they have to use the same probate attorney?

Attorney answers (3)

  1. James P. Frederick

    Contributor Level 20


    Lawyers agree

    Answered . No, they do not need to use the same attorney. They are each entitled to separate counsel. In fact, if there is any conflict between them, they CANNOT ethically use the same attorney. This can result in a situation where you have double the legal fees that would result from having one executor. That is part of the price you pay for this kind of set up. It may be worth it, if the decedent did not trust one person to handle it alone. This is one of the practical problems of having co-executors.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  2. John Justin Wyeth


    Contributor Level 7


    Lawyers agree

    Answered . Agreeing with Attorney, I will add that it may be prudent for them to do so in the family settlement context -- if you mean that the family is working toward a global agreement regarding the Probate and/or other non-probate assets of the decedent. (It is not completely clear to me if this is what you mean.)

    If you choose, please select "helpful" or a "best" answer, below. LEGAL DISCLAIMER I am licensed to practice law... more
  3. Stephen Scott Pearcy

    Contributor Level 12


    Lawyers agree

    Answered . They usually have their own attorneys, but sometimes (after conflict waivers are signed) they have the same attorney.

    If this information has been helpful, please indicate below. Stephen Pearcy is licensed to practice law in... more

Related Topics

Executor of will

The executor of a will is the person in charge of finalizing the deceased's estate (paying bills, etc.) and distributing the estate according to the will.


Probate is the legal process for proving a will valid or invalid, appointing an executor, and distributing estate assets according to the will or state law.

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