Can a non U.S. citizen be appointed the personal representative of an estate?

UPDATED: Jul 11, 2012

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Can a non U.S. citizen be appointed the personal representative of an estate?

I am taking a paralegal course on Wills, Trust, and Estate administration and the question came up in class. The instructor said no but she qualified it by saying that the law may have been updated.

Asked on July 11, 2012 under Estate Planning, Minnesota


Malik Ahmad / Law Office of Malik Ahmad

Answered 10 years ago | Contributor

The simple answer is yes. A citizenship has nothing to with being representative. But problem may come, if this person has to leave when his presence is required. Just because he/she is named as representative would have no bearing with his immigration status. The two are independent things. Also, in some states, a local domicile is required for representatives. It is good to talk to a local attorney in your jurisdiction.

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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