Most states impose special rules on out-of-state executors or personal representatives.
As a practical matter, it's wise to name an executor who lives close to you. It will be more difficult for the executor to handle day-to-day matters from a distance.
If the best person for the job lives far away, there's no law against naming that person in your will. Every state allows out-of-state executors to serve, though many states will require a bond and most states impose special rules on out-of-state executors. The table below sets out the details for states that impose special rules or bonds for nonresidents.
| State | Law |
| Arkansas | Nonresident executor must appoint an agent who lives in the county where probate is conducted to accept legal papers. (Ark. Code § 28-48-101(b)(6) (2024).) |
| California | At court's discretion, nonresident executor may be required to post a bond. (Cal. Prob. Code § 8571 (2024).) |
| Connecticut | Nonresident executor must appoint in-state probate court judge as agent to accept legal papers. (Conn. Gen. Stat. § 52-60 (2024).) |
| Delaware | Nonresident executor must appoint county Register of Wills as the agent to accept legal papers. (Del. Code tit. 12, § 1506 (2024).) |
| District of Columbia | Nonresident executor must appoint the probate register as agent to accept legal papers. (D.C. Code § 20-303 (2024).) |
| Florida | Nonresident can be appointed executor only if he or she is related by blood, marriage, or adoption to person making will. (Fla. Stat. § 733.304 (2024).) |
| Hawaii | Nonresident executor must appoint the clerk of the court as agent to accept legal papers. (Haw. Prob. R. 87 (2024).) |
| Illinois | Nonresident executor may be required to post bond, even if will expressly states bond not required. (755 Ill. Comp. Stat. § 5/6-13 (2024).) |
| Indiana | Nonresident must post a bond and either serve with a coexecutor or appoint an in-state agent to accept legal papers. (Ind. Code 29-1-10-1 (2024).) |
| Iowa | Nonresident can serve as executor only if serving with a coexecutor, unless court allows nonresident to serve alone. (Iowa Code § 633.64 (2024).) |
| Kansas | Nonresident executor must appoint an agent who lives in the county where probate is conducted to accept legal papers. (Kan. Stat. § 59-1706 (2024).) |
| Kentucky | Nonresident can be appointed executor only if he or she is related by blood, marriage or adoption to person making will. (Ky. Rev. Stat. § 395.005 (2024).) |
| Louisiana | Nonresident executor must appoint an in-state agent to accept legal papers. (La. Code Civ. Proc. Art. 3097 (2024).) |
| Maryland | Nonresident executor must appoint an in-state agent to accept legal papers. (Md. Code, Est. & Trusts § 5-105 (2024).) |
| Missouri | Nonresident executor must appoint an in-state agent to accept legal papers. (Mo. Rev. Stat. § 473.117 (2024).) |
| New Hampshire | Nonresident executor must be approved by probate judge and must appoint an in-state agent to accept legal papers. (N.H. Rev. Stat. §§ 553:5; 553:25 (2024).) |
| New Jersey | Nonresident must post bond unless will waives the requirement. (N.J. Stat. § 3B:15-1 (2024).) |
| New York | Non-U.S. citizen who lives outside of New York can serve as executor only with a resident coexecutor and with court approval. (N.Y. Sur. Ct. Proc. Act § 707 (2024).) |
| North Carolina | Nonresident executor must appoint an in-state agent to accept legal papers. (N.C. Gen. Stat. § 28A-4-2 (2024).) |
| Ohio | Nonresident executor must either (1) be related by blood, marriage or adoption to the person making will, or (2) live in a state that permits nonresidents to serve as executors. (Ohio Rev. Code § 2109.21 (2024).) |
| Oklahoma | Nonresident executor must appoint an agent who lives in the county where probate is conducted to accept legal papers. (Okla. Stat. tit. 58, § 162 (2024).) |
| Pennsylvania | The register of wills may refuse to appoint nonresident executor. (20 Pa. Cons. Stat. § 3157 (2024).) |
| Rhode Island | Nonresident executor must appoint an in-state agent to accept legal papers. (R.I. Gen. Laws §§ 33-8-7; 33-18-9 (2024).) |
| Tennessee | Nonresident executor must appoint secretary of state as agent to accept legal papers and may be required to post bond. Nonresident can also serve with a resident coexecutor. (Tenn. Code § 35-50-107 (2024).) |
| Texas | Nonresident executor must appoint an in-state agent to accept legal papers. (Tex. Est. Code § 304.003 (2024).) |
| Vermont | Nonresident executor must appoint an in-state agent to accept legal papers. (Vt. Stat. tit. 14, § 904 (2024).) |
| Virginia | Nonresident executor can be appointed only with court approval and must appoint an in-state agent to accept legal papers. Bond may be required unless nonresident serves with a resident coexecutor. (Va. Code § 64.2-1426 (2024).) |
| Washington | Nonresident executor must post a bond and appoint an agent in the county where probate is conducted to accept legal papers. If nonresident is surviving spouse and sole beneficiary of will, or if will expressly states so, bond is not required. (Wash. Rev. Code §§ 11.28.185; 11.36.010 (2024).) |
| West Virginia | Nonresident executor may serve if clerk of the county commission of the county where the probate is conducted serves as nonresident's agent. Nonresident must post bond unless will says otherwise. (W.Va. Code § 44-5-3 (2024.)) |
| Wisconsin | Nonresident executor must appoint an in-state agent to accept legal papers. At court's discretion, nonresident executor can be removed or refused appointment solely on grounds of residency. (Wis. Stat. § 856.23 (2024).) |
| Wyoming | Nonresident executor must appoint an in-state agent to accept legal papers. (Wyo. Stat. § 2-11-301 (2024).) |
For more information about making your will and naming your executor, see the Wills, Trusts, and Probate area of Nolo.com.
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