Is it legal in MN to have our daughter living in Hawaii as co-executor for our will?

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Is it legal in MN to have our daughter living in Hawaii as co-executor for our will?

We would like to have our son living in MN and
daughter living in Hawaii named in our wills as
co-executors. Is that legal?

Asked on July 27, 2017 under Estate Planning, Minnesota

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

As a general rule, appointing an out of state executor is legal but not advisable. They may have undue travel exenses and due to the distance, arranging schedules with all others involved, may delay the probate process. Additionally, many states require a bond a for such executors and most states impose special rules on them. For example, they must appoint an agent who lives in the county where probate is conducted in order to accept legal papers. That all having been said, since this is a co-executor situation and the other executor resides in your state, then having an out of state executor should present no problems. 


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