- Where every executor named in the will wants to act, they typically apply together for one Certificate of Appointment naming all of them jointly as estate trustees.
- An executor in this position can generally formally renounce their role, stepping aside so that the remaining named executor or executors can apply for the Certificate without them.
- Sometimes a named executor cannot be located, or is unwilling to formally renounce but also isn't participating.
Naming more than one executor feels like a natural way to share responsibility, or to make sure no single sibling is left carrying an estate alone. It works well in many families — but it also raises a practical question when the time actually comes to apply for probate: do co-executors each apply separately, or is there one application for all of them?
In Ontario, a will naming multiple executors generally results in a single Certificate of Appointment of Estate Trustee that names the executors who are actually going to act — but getting there depends on whether everyone named is willing, available, and in agreement.
Scenario 1: All Named Executors Are Willing to Act
Where every executor named in the will wants to act, they typically apply together for one Certificate of Appointment naming all of them jointly as estate trustees. From that point forward, they generally act as co-trustees, which usually means major decisions — like selling estate property or making significant distributions — require agreement among them, unless the will itself sets out a different arrangement.
This is often the most straightforward path procedurally, but it also means co-executors need to be prepared to coordinate closely with each other for the life of the estate administration.
Scenario 2: One Named Executor Doesn't Want the Job
It is common for a will to name two or three people, only for one of them to decide, once the time comes, that they do not want to take on the responsibility. An executor in this position can generally formally renounce their role, stepping aside so that the remaining named executor or executors can apply for the Certificate without them.
Renouncing is not the same as simply ignoring the role — it is a formal step, and once someone has started acting as an executor (for example, by dealing with estate assets), renouncing may no longer be straightforward. Anyone considering this route should raise it early, before taking any steps as executor.
Scenario 3: A Named Executor Is Unreachable or Unresponsive
Sometimes a named executor cannot be located, or is unwilling to formally renounce but also isn't participating. In this situation, the executors who are moving forward can generally apply with the court's authority reserved to the absent executor — meaning the Certificate is issued to the acting executors now, while leaving the door open for the other person to apply later if they resurface and wish to act.
This approach lets the estate move forward without being permanently held up by one person's absence, while not stripping that person of their right to participate later.
Putting Together a Joint Application
- Confirm who is actually applying. Identify which named executors intend to act, and address renunciation early for anyone who does not.
- Agree on practical coordination in advance. Decide how co-executors will communicate, sign documents, and make joint decisions before the estate's day-to-day administration begins.
- Prepare the application together. The court application generally requires consistent information from all applying executors, including consents and required affidavits.
- Apply for the single Certificate of Appointment. Once issued, it names the acting estate trustees, who then generally need to act jointly for significant estate matters going forward.
- Set up one estate bank account for joint signing. Coordinating access and signing authority early avoids delays once funds need to move.
A Quick Comparison
| Situation | Typical approach |
|---|---|
| All named executors want to act | Apply together for one Certificate naming all of them |
| One named executor doesn't want to act | That person formally renounces; the rest apply |
| One named executor is unreachable | Apply with authority reserved to that person |
| Named executors disagree about how to proceed | Generally needs to be resolved before, or through, the application — a lawyer can advise |
Frequently asked questions
Do co-executors have to agree on everything, or can one act alone?
Generally, where more than one estate trustee has been appointed, major decisions require agreement among them, unless the will specifically gives one executor the authority to act alone. This is one of the reasons families sometimes choose a single executor, or an alternate, rather than co-executors, to avoid the risk of deadlock.
What happens if co-executors can't agree once the estate is underway?
Disagreement between acting co-executors can slow down or stall an estate's administration, and in more serious cases may require court involvement to resolve. It is worth addressing expectations and communication early, rather than assuming agreement will simply happen.
Can a co-executor be removed after the Certificate is issued?
Removing an estate trustee generally requires a court application and is not something the other co-executors can simply decide on their own. This is a more significant step usually reserved for serious breakdowns, such as misconduct or an inability to fulfill the role.
Does naming multiple executors cost more for the probate application?
The application process itself is broadly similar in structure whether one or multiple executors apply, though additional named parties do mean more consents, affidavits, and coordination. A lawyer can give you a clear, upfront sense of what your specific situation involves.
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