Ohio Restrictions on Who Can Serve as Executor

One of the most important reasons to make a will is to name your executor. After your death, your executor's primary job is to protect your property until any debts and taxes have been paid, and then transfer what's left to those who are entitled to it.

Every state has some rules about who may serve as the executor of an estate that goes through probate. Here are the requirements in Ohio.

Basic Requirements for Serving as an Ohio Executor

Your executor must be:

• at least 18 years old, and
• of sound mind -- that is, not judged incapacitated by a court.

(Ohio Rev. Code Ann. § 2113.13.)

Many states prohibit people who have felony convictions from serving as executor. In Ohio, however, there is no statute prohibiting you from naming an executor who has been convicted of a felony.

Ohio Restrictions on Out-of-State Executors

For practical reasons, it's smart to name an executor who lives near you. Your executor may have to handle day-to-day matters for weeks, months, or sometimes longer. If you must appoint an executor who lives far away, you should know the requirements Ohio imposes on out-of-state executors.

In Ohio, you can appoint a nonresident executor only if he or she is related to you by blood, marriage, or adoption, or resides in a state that permits nonresidents to serve as executors. (Ohio Rev. Code Ann. § 2109.21.)

Learn More

For more information about choosing your executor and making your will, see the Wills section of Nolo.com.