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The latest Q & A on a compliance issue, as provided by the League’s General Counsel at Norman, Hanson & DeTroy.
Question: We received Letters of Authority naming two people as court-appointed Personal Representatives. Does this mean that either one may act or do they both have to take action together? Does it matter whether the Letters refer to them as “co-Personal Representatives?
Answer: The Probate Code provides, “If 2 or more persons are appointed corepresentatives and unless the will provides otherwise, the concurrence of all is required on all acts connected with the administration and distribution of the estate.” Accordingly, if more than one person is named as Personal Representative, then “all” of them must “concur” in any acts taken, i.e., you will need both of them to take the action. It makes no difference whether the Letters refer to them as “co-Personal Representatives” or not, the same rule applies. If the Last Will and Testament states that a single Personal Representative may act despite there being two (or more) named, then you should see that in the Letters of Authority, i.e., the Letters should expressly state that a single Personal Representative has authority to act.
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