Question regarding Executor qualification and whether or not I should apply to do this for my great aunt’s estate?

My great aunt recently passed away without a will. She had property in OH and PA. There is no heir in OH willing to serve as executor of the will. My father is an heir but cannot serve as executor because he is not a resident of OH. The attorney in PA has told me that he has hired another lawyer to serve as executor of the estate. The hearing to appoint this attorney has not been held yet. He told me that I have no legal right to apply to be executor of the estate and that he has invested a large sum of money to appoint this attorney. Is he correct? Should I pursue being named executor? Thanks

Asked on June 1, 2009 under Estate Planning, Ohio


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Any family member can apply to be the executor of an estate.  From the information you stated in your question it is assumed that your Great Aunt died a resident of Ohio.  Then the Will would be probated in the Courts in Ohio.  Because of the complexity of the estate a lawyer may need to help, but the lawyer does not need to be the executor.  I am unsure what part the attorney in PA plays in all of this and therefore I can not answer this question with any more certainty that this. 

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