Why Naming Multiple Executors in Your Nebraska Will Is (Usually) a Mistake
When writing your will, you might feel tempted to name all your children—or multiple family members—as co-executors to keep things “fair.”
But when it comes to Nebraska estate planning, more is definitely not better.
Appointing multiple co-executors (called co-personal representatives under Nebraska law) almost always creates complications, delays, and unnecessary conflict. It may seem like a gesture of inclusion or equality, but in practice, it often does more harm than good.
What Does a Personal Representative Actually Do?
In Nebraska, the term “executor” is officially known as a personal representative. This is the person who manages your estate after you pass away. Their responsibilities include:
Securing and managing your assets
Paying final bills, debts, and taxes
Navigating the Nebraska probate process
Distributing assets according to your will
This role requires someone who is organized, decisive, and trustworthy. It’s not just ceremonial—it’s a job with real legal and financial obligations. And it should never be used to resolve family dynamics.
Nebraska Law Requires Unanimity Between Co-Personal Representatives
Under Nebraska probate law (see Neb. Rev. Stat. § 30-2470), unless your will specifically says otherwise, co-personal representatives must act together. That means every major decision must be made—and signed—unanimously.
This includes actions like:
Opening estate bank accounts
Selling property
Filing court paperwork
Paying taxes
Hiring professionals (attorneys, appraisers, accountants)
It might sound manageable. But when you multiply that by two, three, or four individuals—who may live in different cities, have different communication styles, or unresolved family tensions—things slow down quickly.
I’ve seen families crippled by delay because co-executors couldn’t agree on what to do—or because getting everyone’s signatures on basic paperwork turned into a weeks-long process. In some cases, the court had to step in and remove executors entirely, leading to costly litigation and even more heartache.
Why Parents Often Make This Mistake
It’s incredibly common for parents to think, “If I name all my kids as co-executors, no one will feel left out.”
But this approach usually invites conflict rather than preventing it. Here’s why:
Old family dynamics resurface under stress
Sibling relationships may not be as cooperative as hoped
Logistical delays pile up when multiple people are involved
Disagreements over what’s “fair” or what you “would have wanted” spiral into resentment
What looks like fairness can easily turn into frustration. And while your will should reflect your values, it also needs to be practical and functional.
One Personal Representative Is (Almost Always) Enough
For most families, one personal representative is best. That doesn’t mean the rest of the family is excluded—it just means one person is empowered to take action efficiently, while still keeping others informed and involved.
You should also name one or two successor personal representatives—backups who can step in if your first choice is unavailable.
In many cases—including extremely complex estates, high-value assets, or long-standing family conflict—it may be smart to name a professional fiduciary or trust company instead. But this is the exception, not the rule.
Real-Life Example: When Good Intentions Backfired
In one Nebraska case I worked on, there wasn’t even a will. The original probate lawyer tried to “bridge the gap” by naming the surviving spouse and all children from a prior marriage as co-personal representatives. On paper, it seemed like a way to encourage cooperation.
In practice? It triggered immediate distrust and disagreement.
Every decision required unanimous consent. Every task turned into a negotiation. Within weeks, the court had to remove all of them and start over—costing the estate more in legal fees than the bond they were trying to avoid.
It’s a perfect example of how well-meaning decisions can create unnecessary chaos.
Frequently Asked Questions
What is a personal representative in Nebraska?
A personal representative (formerly known as an executor) is the person legally appointed to manage a deceased person’s estate under Nebraska law. Their job is to gather assets, pay debts, and distribute property in line with the will or intestacy laws.
Can I name more than one executor in Nebraska?
Yes, Nebraska law allows you to name co-personal representatives, but they are required to act unanimously unless your will says otherwise. This often causes delays and conflict, so it’s rarely recommended.
What happens if co-executors don’t agree?
If co-personal representatives in Nebraska disagree or fail to act, the court can intervene. A judge may remove one or more of the personal representatives or appoint a neutral third party.
Is it fair to name just one child as executor?
Yes, and in many cases, it’s the best decision. Fairness isn’t about titles—it’s about ensuring your estate is handled responsibly, quickly, and with as little stress as possible. A well-chosen executor can consult with the family while making sure tasks get done.
Who should I name as my personal representative?
Choose someone who is organized, responsive, emotionally steady, and trusted by others. That might be a spouse, child, friend, or in rare cases, a professional fiduciary.