Why Naming Multiple Executors in Your Nebraska Will Is (Usually) a Mistake

When it comes to naming an executor in your will, many people think more is better.

It’s not.

In Nebraska estate planning, appointing multiple co-executors—especially more than two—is almost always a mistake.

The job of executor (officially called personal representative in Nebraska probate law) is critical. This person manages everything after your death: securing assets, paying debts and taxes, handling court filings, and eventually distributing your estate according to your will. It requires someone who is organized, reliable, and above all, trustworthy.

And there is no rule that says it must be your spouse—or that you must name all of your children.

In fact, the fewer people involved in decision-making, the better.

I see this play out all the time. Parents often think they’re keeping the peace by naming all of their children as co-executors. They believe this will avoid conflict or show “fairness.” In reality, it usually does the opposite. The job of personal representative is not the place to act out family dynamics or wishful thinking.

Under Nebraska probate law (Neb. Rev. Stat. § 30-2470), unless your will says otherwise, co-personal representatives must act unanimously. That means every decision—opening an estate bank account, selling property, filing tax returns—requires full agreement and often the signatures of all appointed individuals.

Something as basic as opening an estate bank account can become a logistical nightmare when four executors all need to sign. And the more strained the family relationships, the harder it is to get anything done.

I was involved in one Nebraska estate where there wasn’t even a will. The initial probate attorney thought appointing the surviving spouse and children from the first marriage as co-personal representatives would help avoid an estate bond. On paper, this sounded like a way to promote cooperation. In practice, it triggered disputes from day one—and within weeks, the court had to replace the executors entirely. The legal fees from that fight far exceeded what the estate bond would have cost.

Now, are there exceptions? Yes. I’ve seen a few cases where two siblings genuinely worked well together and handled the role as a team. But that is the exception, not the rule.

For most families, one personal representative is best. One person can act quickly, decisively, and efficiently—while still consulting with the family as needed. You can (and should) name successor personal representatives—trusted backups—in case your first choice is unwilling or unable to serve.

And for very complex estates or particularly difficult family dynamics, sometimes it’s wise to consider appointing a neutral third party, such as a professional fiduciary or bank trust department. While this isn’t necessary in most cases, it can be a valuable option in more challenging situations.

If you’re thinking through your Nebraska will, this is one of many small but important decisions where good advice matters. An experienced Nebraska estate lawyer can help you think through family dynamics, the practical side of probate, and how to structure your plan so that it works when it’s needed—not just in theory.

If you’d like to talk about building a clear, effective plan for your family, I’d be happy to help. You can reach me at 402-259-0059 or zach@zandersonlaw.com to schedule a consultation.