In general, all states will allow you to serve as an out-of-state executor. In fact, probate courts would rarely refuse the choice of a decedent simply because they live out-of-state. With that said, many states have misgivings about out-of-state executors for the following reasons:

• If an executor misuses estate property, the probate court would have a hard time dealing with them in another jurisdiction.

• An out-of-state executor would have a hard time taking care of a house or assessing property values.

Consequently, because of these misgivings, many states place restrictions on out-of-state executors.

Possible Restrictions Placed on an Out-of-State Executor

In states that set restrictions for out-of-state executors, the restrictions vary from state to state. The range of possible restrictions for an out-of-state executor in many states include the following:

• Some states will require an out-of-state executor to buy a bond to protect the estate from executor fraud.

• Other states will allow an out-of-state executor only if they are a beneficiary of the will or a close relative of the decedent.

• Some states will require the out-of-state executor to hire an in-state agent or select an in-state co-executor to assist with the estate administration.

Although most states set restrictions on out-of-state executors, there are a few states, such as Massachusetts, that allow out-of-state executors without restriction.

For a complete list of rules for every state concerning out-of-state executors, refer to the appendix State Information in The Executor’s Guide: Settling a Loved One’s Estate or Trust by Nolo.

Should I Serve as an Out-of-State Executor?

An important trait in naming the right executor, as mentioned in the article Choosing the Right Executor to Administer Your Estate, is that the executor should live in close proximity to the estate. However, living nearby is not always possible. On occasion, people move and circumstances change where an executor may find themselves dealing with an estate far away. If you find yourself dealing with a distant estate, you should still serve as executor, if possible. Moreover, as a practical matter, hire an in-state professional to handle the estate that you will supervise.

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References

Nolo: Restrictions on Out-of-State Executors