Some USA states have residency requirements for the executors (as well as guardians and trustees) appointed in a Last Will & Testament. Under Wisconsin law, for example, non-resident status can be a determining factor in a court refusing to appoint an Executor.
Many states (Ohio and Illinois, as examples) do not have specific legal residency requirements for executors and other fiduciaries. But even though state residency may not be technically REQUIRED under the law, probate courts often PREFER that the executor be a resident of the state so that he or she can be geographically close to the court.
And even in those states where residency is not a legal requirement, the probate court is free to refuse to appoint a named executor due to out of state residency.
Thus, you may wish to check your local probate court rules as well.
Finally, when choosing an Executor, remember that the expenses incurred by an out-of-state executor will usually be greater than those of an in-state executor, and the out-of-state executor may often be required to hire local agents to handle some aspects of dissolving an estate. As such, if you prefer to name an out-of-state executor, it may serve you best to name a co-executor who is a resident of the state where the person making the Last Will & Testament resides.
Complete details can be found under the LEARN MORE button on Standard Legal’s Last Will and Testament legal forms software page.