🔑 NY: Resolving Disputes Between Co-Executors Over a Claim

When an estate has multiple executors (co-fiduciaries), disagreements can arise over various aspects of estate administration. A possible source of conflict is whether to accept or reject a creditor’s claim against the estate. If co-executors cannot agree on how to handle a claim, the estate’s administration can stall, potentially delaying distributions to beneficiaries and leading to legal complications.

The question then becomes: What legal mechanisms exist to resolve disputes between co-executors regarding a claim against the estate?

Executors’ Fiduciary Duties

Co-executors share fiduciary responsibilities, meaning they must act in the estate's best interests, balancing duties to creditors and beneficiaries. Importantly:

• Each co-executor has an obligation to ensure valid creditor claims are paid.
• At the same time, they must protect the estate from invalid claims that could diminish assets meant for beneficiaries.
• If a co-executor knowingly allows the estate to be harmed (by paying an invalid claim or refusing a valid one), they could be held liable for a breach of fiduciary duty.

Given these competing responsibilities, disagreement over a claim presents a serious challenge that must be resolved efficiently.

Legal Avenues for Resolution

1. Statutory Mechanism: SCPA 1809 – Proceeding to Determine Validity of Claims