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When discussing estate planning with clients, one question almost always arises: Can I designate more than one person as my successor trustee? It’s a great question and one that deserves thoughtful consideration.

Beyond deciding who should inherit your assets, choosing your successor trustee (or “executor” if we’re talking about a will) is one of the most significant decisions you’ll make when creating an estate plan. Ideally, this selection includes your primary choice and at least one alternate designee.

In most cases, the creators of a trust (trustors) often choose their children as successor trustees. It’s common for parents to worry about appearing to favor one child over another, which often leads to a default choice based on birth order—for instance, naming the oldest as the first designee, the middle child as the first alternate, and the youngest as the second alternate. While this approach can work, it may overlook the more crucial question: Which child is truly the best fit for the role?

This leads to another common question: Can I appoint my children as co-successor trustees? The short answer is “yes,” but it’s a decision that requires careful deliberation. While there’s no legal restriction on naming co-trustees, We strongly recommend against designating more than two, as the “committee” approach can easily lead to conflicts or gridlock.

One significant point often overlooked is that co-trustees must act unanimously under the California Probate Code. The assumption that a simple majority rule would apply is incorrect. The more co-trustees involved, the greater the risk of disagreement. And when co-trustees are deadlocked, the only resolution is to take the issue to probate court, the very scenario most people aim to avoid by setting up a trust. Worse yet, if co-trustees engage in legal disputes over trust administration, the legal fees for each co-trustee are paid out of the trust itself, draining its value.

You might be thinking, “Our estate is simple—what could possibly go wrong?” But even seemingly straightforward decisions, like what to do with the family home, can become points of contention. One child might want to sell the house as-is, another might insist on making improvements before selling, and a third might advocate for keeping it in the family and renting it out. Without an agreement, such disputes can escalate into costly litigation.
There’s also a hidden risk: If one co-trustee breaches their fiduciary duty—perhaps by misusing trust funds—all co-trustees are “jointly and severally” liable. This means that even if you had no part in the wrongdoing, you could still be held accountable for the misconduct of your fellow co-trustee.

Despite these concerns, there are circumstances where naming co-trustees can work well—if done wisely. One scenario is when parents have two adult children who are both responsible, cooperative, and capable of handling the task, with a plan that splits assets 50/50. Naming them as co-trustees can simplify the administration process by eliminating the need for an accounting between the siblings and balancing the workload.

Another situation to consider is in a blended family, where the parents want to ensure fair representation for both sides of the family. This arrangement can be successful if there’s confidence that representatives from each branch can work together harmoniously. Otherwise, it’s best to proceed cautiously.

We hope this sheds some light on the complexities of designating co-trustees. When considering this option, tread carefully and ensure it’s the right fit for your unique situation. We highly recommend that you speak directly to the proposed co-trustees and ask this one critical question. Are you going to be able to work together? Any sort of equivocation displayed by either of them should give you a reason to pause and consider other options. Following your demise should never be the first time that co-trustees learn that they have been appointed.

If you have questions or need more information, please call us at 877-585-1558, email us at [email protected], or sign up for one of our free workshops. Our attorneys bring a unique “Team Approach” to every client. When you work with one of us, you’re truly benefiting from the expertise of our entire team. This collaborative dynamic ensures that our collective experience and dedication strengthen every service we provide.

Thanks for reading.
Christopher E. Botti, Esq., Certified Specialist in Estate Planning, Trust and Probate Law

This blog is for informational purposes only and does not constitute legal advice. Every situation is unique, and you should consult with a qualified attorney for advice regarding your specific circumstances.