Does an executer have to be a resident of the state in which the estate is located in?
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Does an executer have to be a resident of the state in which the estate is located in?
Asked on September 17, 2011 under Estate Planning, South Dakota
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
As a general rule, almost anyone can be named as an executor. However, every state has certain qualifications that must be met. Typically, an executor: must be over age 18; mentally competent; and not have been convicted of a felony. Most states allow for an out-of-state executor (but not all), although in some jurisdictions, if the executor is not a resident they must post a bond.
At this point you should check with the probate court in your area or consult directly with a probate law attorney.
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