Does an executer have to be a resident of the state in which the estate is located in?

UPDATED: Sep 17, 2011

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Does an executer have to be a resident of the state in which the estate is located in?

Asked on September 17, 2011 under Estate Planning, South Dakota


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

Answered 11 years ago | Contributor

As a general rule, almost anyone can be named as an executor. However, every state has certain qualifications that must be met. Typically, an executor: must be over age 18; mentally competent; and not have been convicted of a felony. Most states allow for an out-of-state executor (but not all), although in some jurisdictions, if the executor is not a resident they must post a bond.

At this point you should check with the probate court in your area 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.

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