Can the executor of estate live in a different state?
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Can the executor of estate live in a different state?
My friend’s mom recently passed away; she was a FL resident. She had my friend, her only child, as the executor for her estate. However, her FL attorney told him that he canot be executor because he’s a VA resident. Is this true?
Asked on January 28, 2018 under Estate Planning, Maryland
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
My research suggets that while FL does impose certain restrictions on just who can serve as executor; a non-resident executor must be related to the deceased by blood, marriage or adoption. In this case, that requrement has been met so your friend should be able to serve. However, he must also be at least 18 years old, mentally/physically capable of serving and not have been convicted of a felony. At this point, he really should consult directly with a probate attorney who is licensed in FL to find out specific state law.
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