General Information Only. This article explains general principles of Queensland estate administration. It is not legal advice. Notification obligations turn…
General Information Only: This article provides general information about appointing and acting as multiple executors in Queensland. It is not legal advice. Costs and commission outcomes are discretionary and fact-dependent, and every estate differs, so obtain advice tailored to your circumstances before acting.
Quick Answer
In Queensland, a will can appoint multiple executors, but probate can be granted to a maximum of four at one time. Co-executors must generally act jointly — major decisions need all acting executors to agree — so deadlocks are resolved by advice, mediation or, as a last resort, the Supreme Court.
Not every named executor has to act: probate can be granted to those willing to act, with power reserved to the others, who may still apply later. This is different from renouncing, which permanently gives up the role. Before taking on the job, it helps to understand the general responsibilities of an executor.
Can You Have More Than One Executor in Queensland?
Yes. A will-maker can name several people to act together as executors. In Queensland, a maximum of four executors can obtain probate for the same estate at the same time (s 48, Succession Act 1981 (Qld)). People appoint more than one executor to share the workload, provide a backup, or balance interests within a family — though more executors can also mean more potential for disagreement.
Do Co-Executors Have to Act Jointly?
As a general rule, executors must act jointly and unanimously. They hold the estate together, so most significant steps — signing the probate application, selling estate property, operating estate accounts, and making distributions — require all acting executors to agree and sign. Under s 49 of the Succession Act, powers are exercisable only by the personal representatives to whom the grant is made, and jointly. One executor generally cannot bind the estate or act alone.
This is different from attorneys, who can sometimes be appointed to act “jointly and severally.” For executors, joint action is the default.
Appointment Structures Compared
| Structure | How It Works | Best For | Watch-out |
|---|---|---|---|
| Sole executor | One person takes the grant | Simple estates; a trusted person | No built-in second opinion |
| Joint executors | Two or more act together, decisions unanimous | Oversight; shared workload | Deadlock if they disagree |
| Substitute executor | Acts only if the first cannot or will not | Backup planning | Must be clearly drafted |
| Professional plus family | Solicitor/trustee company with a relative | Complex estates; conflict risk | Cost; possibly slower decisions |
| Executor with power reserved to another | One acts now; another may come in later | Unavailable or reluctant co-executor | Needs probate advice and correct documentation |
Non-Proving Executors: “Power Reserved” Explained
Not every executor named in the will has to take an active role. Probate can be granted to the executor or executors willing to act, with power (or leave) reserved to the others. A non-proving executor does not administer the estate day to day, but may apply for a grant later if needed — for example, if an acting executor dies or cannot continue. This is different from renunciation, which permanently gives up the role.
Common Causes of Disagreement
Even well-intentioned co-executors can end up at odds. Frequent flashpoints include:
- Whether and when to sell estate property, and at what price
- The pace of administration — one executor wanting to move faster than another
- How to value or divide personal belongings
- Disagreements where an executor is also a beneficiary and has a personal interest
- Communication breakdowns, especially where executors live apart
- Fear of personal liability — one executor hesitating to sign off on another’s decisions
- How executor commission should be shared where one has done most of the work
Because executors owe duties to the beneficiaries, transparency helps prevent conflict — see our guide on the executor’s duty to account.
Executor Commission and Remuneration
Executors are generally unpaid unless the will provides for payment, all beneficiaries agree, or the court authorises commission (s 68, Succession Act 1981 (Qld)). Commission is discretionary and conventionally capped around 5% of the estate, though awards are typically well below that. Where there are co-executors, the court can apportion commission — and the default expectation of an equal split is exactly what ignites disputes when one executor has done most of the work. Keeping careful records of the work done supports any commission application. Our guide on executor commission in Queensland covers this in detail.
Joint Liability and the Duty to Monitor
Executors are liable for their own defaults — but a “passive” co-executor can also be personally liable for a rogue co-executor’s waste where they enabled it: signing off on transactions blindly, handing over estate funds, or standing by despite known misconduct. Co-executors cannot turn a blind eye; in practice they must keep an eye on one another. An executor who acts alone without authority risks personal liability for any resulting loss and may lose the right to be indemnified from the estate.
Delegation vs Decision-Making
Co-executors can divide routine tasks — preparing documents, handling bank correspondence, obtaining quotes and valuations — but they cannot divide decision-making authority. Sales, debts, litigation, tax, accounts and distributions should be agreed by all acting executors and recorded. If one executor has already acted, s 54(3) allows a personal representative to ratify and adopt an act done on behalf of the estate by another, provided it was something they could properly have done themselves — but that is a safety valve, not a substitute for agreeing decisions in advance.
Managing Executor-Beneficiary Conflicts
An executor who is also a beneficiary must put the executor’s duties first. Where a decision directly affects their personal interest, they should consider abstaining, obtain independent advice, or seek the court’s directions. Where conflicts are pervasive, an independent administrator may be the cleanest solution. These tensions are common in blended families.
How to Resolve Executor Disagreements
Where co-executors disagree, a graduated approach usually works best, escalating only as far as necessary:
- Communicate early — set expectations and document decisions in writing
- Get independent advice — a solicitor can clarify duties and narrow the dispute
- Mediation — a neutral facilitator can resolve many disputes without court
- Power reserved or renunciation — a reluctant executor may take a non-active role, or give up the role entirely (see below)
- Directions or removal application — the Supreme Court can give directions, or remove and replace an executor, as a last resort
When One Executor Will Not Act
An executor who does not want the role should get advice before taking steps in the estate. “Intermeddling” means doing things that show an intention to act as executor — paying estate debts, collecting in assets, or dealing with estate property. Arranging the funeral does not count.
In Queensland, unlike the old common-law rule, an executor who has intermeddled before applying for probate can generally still renounce (s 54(2), Succession Act 1981 (Qld)) — although extensive conduct, such as holding themselves out as executor and administering the estate, may be treated as accepting the office. The hard deadline is the grant: once probate has been granted to an executor, stepping down is more complex and usually needs the court’s involvement.
If a Co-Executor Dies
If one of several proving executors dies, the survivors continue to administer the estate. Because the office is held jointly, a fresh grant is not automatically required, though the probate records should be updated to reflect the change.
Removing a Co-Executor Through the Court
The Supreme Court of Queensland can remove an executor where it is in the best interests of the estate and beneficiaries — for example, due to serious misconduct, incapacity, conflict of interest, or an inability to work with a co-executor that is harming the administration. The court’s powers are broad, but removal is a last resort: the court gives real weight to the will-maker’s choice of executor, and its focus is the proper administration of the estate rather than punishing an executor. Contested matters proceed as court proceedings involving executors, and our guide on executor disputes and removals covers the process.
Who Pays for Executor Disputes?
Court applications between executors are usually paid for by the estate — which ultimately means the beneficiaries. Executors who act unreasonably, refuse to cooperate, or bring unnecessary applications can face personal costs consequences. This is why advice, mediation and directions applications should come before removal proceedings.
What Will Drafting Can (and Cannot) Do
Acting personal representatives generally must exercise administration powers jointly (s 49). Careful will drafting can reduce the risk of deadlock — for example, a sole executor with substitutes, a professional executor, or majority-decision clauses. But majority-decision clauses bite most clearly for trustee decisions after administration (such as running a testamentary trust or holding funds for minors), and should not be presented as simply overriding the joint office of executor.
A common tip is to “appoint an odd number to avoid deadlock.” That only helps if it is paired with a valid majority mechanism. Under the default unanimity rule, three executors can deadlock just as easily as two — with an extra signature required.
Executor Dispute Resolution Pathway
When a disagreement arises, escalate only as far as you need to:
1. Communicate → 2. Independent advice → 3. Mediation → 4. Court directions → 5. Removal application (last resort)
Practical Steps and Records for Co-Executors
Personal representatives must collect and administer the estate according to law, provide an inventory and account when the court requires it, and distribute as soon as may be (s 52). Good records protect co-executors and support any commission claim. In practice:
- Agree at the outset how you will communicate and make decisions
- Create a shared estate task list and agree who communicates with beneficiaries
- Keep clear, shared records: estate assets, debts, invoices, valuations, bank statements and distribution calculations
- Open estate accounts requiring all executors’ signatures
- Keep an eye on one another — do not sign off on transactions you have not reviewed
- Obtain written valuations before any sale — see valuing estate assets
- Do not distribute early; understand when estate funds can be distributed
- Use one estate solicitor unless a genuine conflict requires separate advice
- Escalate early if deadlocked — delay itself can breach executor duties
Co-Executor Decision Checklist
Use this checklist to keep a co-executorship on track:
Practical Example
Two siblings are appointed joint executors of their late father’s estate. One wants to sell the family home quickly; the other wants to hold out for a higher price. Because they must act jointly, neither can force the sale alone. After obtaining independent advice and attending mediation, they agree on an independent valuation and a reserve price, allowing the administration to proceed without a court application — and they document the decision in case a beneficiary later questions it.
Frequently Asked Questions
How many executors can you have in Queensland?
A will can name several executors, but probate can be granted to a maximum of four for the same estate at one time (s 48). Naming a substitute executor as a backup is also common.
Do all executors have to sign documents?
Generally yes. Because co-executors must act jointly, significant steps such as the probate application, property transfers and distributions usually require all acting executors to agree and sign.
Can one executor act alone in Queensland?
Not usually. Unless the will provides otherwise, one co-executor cannot bind the estate without the others. Acting without authority can expose that executor to personal liability and the loss of their right to be indemnified from the estate.
What happens if co-executors cannot agree?
Options range from independent advice and mediation, to a Supreme Court application for directions or the removal of an executor. Court is generally a last resort.
Can an executor step down after starting?
In Queensland, an executor who has intermeddled before applying for probate can generally still renounce (s 54(2)), unlike the old common-law rule. Arranging the funeral is not intermeddling. Once probate has been granted to that executor, stepping down is more complex and usually needs the court’s involvement, so get advice early.
Do executors get paid in Queensland?
Executors are generally unpaid unless the will allows it, all beneficiaries agree, or the court awards commission (s 68). Commission is discretionary and conventionally capped around 5%, though awards are usually lower, and can be apportioned between co-executors.
What does “power reserved” mean?
It means a named executor does not take an active role now, but keeps the right to apply for a grant later — for example, if an acting executor dies or cannot continue. It is different from renouncing, which gives up the role permanently.
What happens if one executor dies?
If one of several proving executors dies, the surviving executors continue to administer the estate. Because the office is held jointly, a fresh grant is not automatically required.
Related Reading
For broader context, see our guides on what probate is in Queensland, challenging a will, and family provision claims.
Conclusion
Appointing multiple executors can share the burden of administering an estate and provide valuable checks and balances — but it only works when those executors can cooperate. Because Queensland law generally requires co-executors to act jointly, choosing people who communicate well, understanding options like power reserved and renunciation, and knowing how to resolve disagreements are central to a smooth administration.
Related reading: Can an Executor Also Be a Beneficiary in Queensland?
Related reading: how long an executor has to distribute an estate in Queensland.
Related reading: renouncing or refusing to act as an executor in Queensland.
Related reading: whether an executor can sell estate property without beneficiary consent. Where there are multiple executors, the banking arrangements — including two-to-sign — need deliberate agreement; see setting up an estate bank account in Queensland.
Key Takeaways
- A Queensland will can name several executors, but probate can be granted to a maximum of four at once (s 48).
- Co-executors must generally act jointly and unanimously (s 49); one cannot bind the estate alone.
- An executor who intermeddled before probate can generally still renounce (s 54(2)) — the hard deadline is the grant.
- A passive co-executor can be personally liable for a co-executor’s waste; keep records and monitor each other.
- Executors are usually unpaid unless the will, beneficiaries or court (s 68) allow commission.
- Resolve disputes through advice and mediation; court removal is a last resort.