Out-of-State Executor

Out-of-state executors are any executors, executrices, or personal representatives living in a different state than the one the deceased was domiciled in.

Out-of-state executors are any executors, executrices, or personal representatives living in a state outside of the one they are serving in.

The relevant probate court of an estate is found in the jurisdiction where the deceased permanently resided in the eyes of the probate court. This is known as their domicile, and it's where they voted, had their ID, spent their time, managed their affairs, and so on.

Out-of-state executors are becoming more and more common each year. Remote work, digital communication, more global communities, and a variety of other factors make it easier than ever for families to live in separate states.

Out-of-State Executors Have Extra Rules

While serving as an out-of-state executor is common, can come with a few extra challenges and rules, depending on the state. For example, many states require out-of-state executors to appoint a resident process agent. This is someone who can officially correspond and communicate with the probate court on the executor's behalf to speed things up. Imagine if you had to fly out to a different state to sign every document needed by the court. That would be a nightmare.

States with Specific Out-of-State Executor Rules

If you don't see your state, including Alabama, California, and Montana, then they do not have specific requirements for out-of-state executors that are different from their basic executor requirements, which include:

• Being of legal age
• Not having any felonies
• Posting a probate bond
• Being of sound mind (a.k.a. having capacity)

Arkansas

If an (out of state) executor has been appointed, a resident process agent who lives in the county where the estate is being probated is required to accept legal correspondence. (Ark. Code Ann. § 28-48-101(b)(6))

Connecticut

If a nonresident (out of state) executor has been appointed, the probate court judge must be appointed as agent to accept legal correspondence on their behalf. (Conn. Gen. Stat. Ann. § 52-60)

Delaware

If a nonresident (out of state) executor has been appointed, the county Register of Wills must be appointed as agent to accept legal correspondence on their behalf. (Del. Code Ann. Tit. 12, § 1506)

District of Columbia

If a nonresident (out of state) executor has been appointed, the probate register must be appointed as agent to accept legal correspondence on their behalf.  (D.C. Code Ann. §§ 20-303)

Florida

A person who is not domiciled in the state (nonresident) cannot qualify as personal representative (executor) unless the person is:

(1) A legally adopted child or adoptive parent of the decedent;

(2) Related by lineal consanguinity to the decedent;

(3) A spouse or a brother, sister, uncle, aunt, nephew, or niece of the decedent, or someone related by lineal consanguinity to any such person; or

(4) The spouse of a person otherwise qualified under this section.

(Fla. Stat. Ann. § 733.304)

Illinois

No special considerations except out-of-state executors may have to post probate or surety bond to protect beneficiaries, even if the will says otherwise. (755 Ill. Comp. Stat. § 5/6-13)

Indiana

If a nonresident (out of state) executor has been appointed, they need to post bond AND serve with a co-executor or name an in-state agent to accept and manage legal papers on their behalf. (Ind. Code Ann. § 29-1-10-1)

Iowa

Out-of-estate executors can serve if they have a resident co-executor OR the probate court specifically approves them to serve alone. (Iowa Code § 633.64)

Kansas

If a nonresident (out of state) executor has been appointed, a resident process agent who lives in the county where the estate is being probated is required to accept legal correspondence. (Kan. Stat. Ann. § 59-1706)

Kentucky

Nonresident executors can serve if related by consanguinity (ancestry), marriage, adoption or the spouse of such person. (Ky. Rev. Stat. Ann. § 395.005)

Louisiana

If a nonresident (out of state) executor has been appointed, a resident process agent who lives in the county where the estate is being probated is required to accept legal correspondence.  (La. Code Civ. Proc. Art. 3097)

Maryland

If a nonresident (out of state) executor has been appointed, a resident process agent who lives in the county where the estate is being probated is required to accept legal correspondence. (Md. Code Ann. [Est. & Trusts], §§ 5-105, 5-503)

Missouri

If a nonresident (out of state) executor has been appointed, a resident process agent who lives in the county where the estate is being probated is required to accept legal correspondence. (Mo. Rev. Stat. § 473.117)

New Hampshire

If a nonresident (out of state) executor has been appointed, a resident process agent who lives in the county where the estate is being probated is required to accept legal correspondence and must be approved by the probate judge. (N.H. Stat. §§ 553:5, 553:25)

New Jersey

Unless the will waives the need for a probate bond, the out-of-estate executor will need to post one. (N.J. Stat. Ann. § 3B:15-1)

New York

Nonresidency isn’t normally an issue but non-U.S. citizens who live outside of New York can serve as executor only with a resident co-executor and with court approval. (New York Sur. Ct. Pro. Act § 707)

North Carolina

If a nonresident (out of state) executor has been appointed, a resident process agent who lives in the county where the estate is being probated is required to accept legal correspondence. (N.C. Gen. Stat. § 28A-4-2)

Ohio

Nonresidents can be the executor if they are blood relatives, were married to the deceased, or adopted OR if they live in a state that allows nonresidents to serve. (Ohio Rev. Code Ann. § 2109.21)

Oklahoma

If a nonresident (out of state) executor has been appointed, a resident process agent who lives in the county where the estate is being probated is required to accept legal correspondence. (Okla. Stat. Ann. tit. 58, § 162)

Rhode Island

If a nonresident (out of state) executor has been appointed, a resident process agent who lives in the county where the estate is being probated is required to accept legal correspondence. (R.I. Gen. Laws §§ 33-8-7, 33-18-9)

Tennessee

An out-of-state executor has to appoint the secretary of state as an agent to accept legal correspondence and may also have to post bond. If you have a resident co-executor, you can also serve. (Tenn. Code Ann. § 35-50-107)

Texas

If a nonresident (out of state) executor has been appointed, a resident process agent who lives in the county where the estate is being probated is required to accept legal correspondence.  (Tex. Prob. Code Ann. § 78)

Vermont

If a nonresident (out of state) executor has been appointed, a resident process agent who lives in the county where the estate is being probated is required to accept legal correspondence.  (Vt. Stat. Ann. tit. 14, § 904)

Virginia

If a nonresident (out of state) executor has been appointed, a resident or in-state agent who lives in the county where the estate is being probated is required.  Bond may also be required unless you have a resident co-executor. (VA. Code Ann. § 64.2-1246)

Washington

If a nonresident (out of state) executor has been appointed, a resident or in-state agent who lives in the county where the estate is being probated and bond are both required. You can skip bond if the will says so or if you are the surviving spouse or sole beneficiary. (Wash. Rev. Code Ann. §§ 11.28.185, 11.36.010)

West Virginia

If a nonresident (out of state) executor has been appointed, the clerk of the county commission who lives in the county where the estate is being probated must be appointed as agent to act on your behalf. You’ll need to post bond unless the will explicitly says you don’t need to. (W.Va. Code Ann. § 44-5-3)

Wisconsin

If a nonresident (out of state) executor has been appointed, a resident process agent who lives in the county where the estate is being probated is required to accept legal correspondence. Out-of-state executors can also be removed from their position or refused appointment simply because they don’t live nearby. (Wis. Stat. Ann. § 856.23)

Wyoming

If a nonresident (out of state) executor has been appointed, a resident process agent who lives in the county where the estate is being probated is required to accept legal correspondence. (Wyo. Stat. § 2-11-301)

Other Considerations While Serving as Out-of-State Executor

If you have a sibling or close family friend who lives in state and are indifferent to who serves, choosing the person who lives in the same state as the deceased will likely save you time. And if you are considering being co-executors, some documents will require signatures of all executors, so this tends to slow down the process if an executor is out-of-state as opposed to speeding it up. Co-executors can be fantastic in some situations to divvy up work, though.

Also, if you are serving alone and your state doesn't require a resident process agent, it can still be a useful thing to do in order to cut down back-and-forth time with the probate courts.

Julia lives in North Carolina after moving there with her husband in 2012. Last month, her mother passed away in Indiana without a will (intestate), leaving behind her husband Dave. Dave would serve, but he is starting to suffer from dementia and doesn't have the strength to take on this responsibility. Julia's sister Jessie lives in London, so she isn't an option either.

After talking to everyone, Julia decided to step up and serve as executrix. After using a probate court directory to find the right probate court, she flew to Indiana to initiate probate by submitting all the initial paperwork. She was told because she was out-of-state and didn't have a in-state co-executor, that she would need to appoint an in-state agent to accept legal papers on her behalf. She contacted James, a close family friend who lives in the same city in Indiana. James agreed to help out and dropped by the probate court with Julia to sign the appointment of a resident process agent form, granting him the power to accept correspondence from the probate court on Julia's behalf.