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Can an Executor Live out of State?

Posted by Chris Peterson | Sep 23, 2015 | 0 Comments

Can an Executor Live out of State?

Can an Executor Live out of State?In Texas it is possible for an executor to live out of state, but this makes for a process that can be very complicated. You may wish to consider someone living in the state to assume the role, but if you are insistent that the out-of-state individual is best suited for the role, consult your Bryan probate lawyer for assistance on how to handle the matter.

If the Executor Lives out of State

The executor is your personal representative after your death. This person has a very important role with a great deal of responsibility. You may decide that an out-of-state relative is the only person you would want to serve in this capacity. What you will need to keep in mind is that you will also need to name an in-state individual, known as the resident process server. This person receives mail so that the state can legally contact the executor if it becomes necessary to sue or place a lien on the estate. You can ask a law firm to take on this position.

The Importance of the Executor

You will need to ask the individual you wish to name as executor to make sure they are willing to assume the responsibilities of the position, which are many. You should also consider naming an alternative executor in case the original person is not able to fulfill the role when the time comes.

The executor will usually work with your legal firm. An out-of-state executor will most likely need to do a significant amount of travel to Texas in order to fulfill some of the duties. If your executor has work or home obligations, this could make this problematic. The person may request remuneration from the estate for expenses incurred. Most executors do receive a stipend for their services.

The executor's duties are as follows:

  1. File the will with the probate court in the county where the decedent lived.
  2. The court qualifies the executor to begin administering the estate.
  3. A notice to creditors must be published in a local newspaper.
  4. The executor must submit to the court a complete inventory of all assets, debts, and tax obligations.
  5. All debts and taxes must be paid, after which the remainder of the estate can be distributed to the named beneficiaries.

Discuss the Matter with Us if You Wish to Use an Out-of-State Executor

It is important that you gain legal advice from a Bryan probate lawyer before you decide to name a person who lives in another state to serve as executor or your estate. Call Peterson Law Group today to arrange a consultation at 979-703-7014 or 936-337-4681.

About the Author

Chris Peterson

Chris Peterson is the owner of Peterson Law Group. He practices primarily in the areas of wills, trusts and estate planning; probate and trust administration; elder law; and business law. Chris is also the owner of Brazos 1031 Exchange Company.


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