Doesan appointed personal representative have to live in the state where the estate is to be administered?

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Doesan appointed personal representative have to live in the state where the estate is to be administered?

Asked on December 2, 2010 under Estate Planning, Oregon

Answers:

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

Answered 10 years ago | Contributor

In general, although not a requirement, a Personal Representative (PR) should be a resident of the deceased's domicile state because they have to collect and distribute estate property and may have to appear at the probate court.  Therefore, if they live out of state, they will incur greater travel expenses that would have to be paid out of the estate.  Additionally if the PR is a non-resident, a resident agent in the domicile state may have to be hired to transfer real estate.

Note:  You can select almost any adult who has reached the age of majority to serve as your PR. There are only a few legal restrictions: no minors or incompetent people, and many states prohibit convicted criminals from serving as a PR.  Additionally, most states require the PR to post a surety bond covering their actions.  This requirement can be waived if a Will specifies that a PR can serve without a bond. 

At this point, you should contact a local probate attorney or the applicable probate court to confirm specific state law regarding a PR's residency.


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