What must be done for an out-of-state resident to be approved to be the executor of a resident’s estate?

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What must be done for an out-of-state resident to be approved to be the executor of a resident’s estate?

In SC.

Asked on February 15, 2011 under Estate Planning, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is best for you to check with an attorney in your area to see about this matter.  Some states do indeed have certain requirements about executors but generally speaking a party can name whom ever he or she wants to be the fiduciary of his or her estate.  Some states will require that you have the help of an in state attorney to do the probating of the Will.  Some states may require that you name a relative or that someone in state serve as co-executor.  Although I see no such requirement under the South Carolina Probate Code, I would double check with someone in the area.  Generally speaking it was always easier if a fiduciary to live close to the area in which the Will is probated but in this day and age that may not be the case.  Good luck to you.


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