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

UPDATED: Sep 20, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 20, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


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

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption