Can an alternate executor be an adult step-son/daughter residing in same state as testator?

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Can an alternate executor be an adult step-son/daughter residing in same state as testator?

Asked on March 4, 2011 under Estate Planning, Nevada

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the person whose will it is chose an executor of the estate and also chose an alternate executor or co-executor, there really should be no issue, no problem. If the original executor is either deceased or cannot perform the role or refuses, then the will may need to go through the probate process and have the court choose an administrator of the estate. Location of the executor is not usually a limitation or benefit. The question is really who chooses to perform the activity, understanding the fiduciary responsibilities that go along with managing the estate until all items are settled/sold/given to beneficiaries.


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