Can we name a non-relative from another state as executor of our Will?

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Can we name a non-relative from another state as executor of our Will?

We are getting ready to revise our will which was originally done in WV. One of the changes would be the executor. We have lived in TN for 10 years. Can we legally have the executor changed to a non-relative in WV and it be legal in TN?

Asked on September 20, 2011 under Estate Planning, Tennessee

Answers:

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

Answered 10 years ago | Contributor

While qualifications vary from state-to-state, as a general rule almost anyone can be named as an executor of a Will. However, typically certain qualifications must be met. An executor: must be over of the age of18; must be mentally competent; and must not have been convicted of a felony. Additionally, most jurisdictions allow that an executor can live out-of-state (but not all). Although in some statess, if the executor is not a resident they must post a bond.

At this point you should speak with the clerk of the probate court in the appropriate county or consult directly with a probate law attorney.


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