Restrictions on Out-of-State Executors

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. But 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.

State Law
Arkansas Nonresident executor must appoint an agent who lives in the county where probate is conducted to accept legal papers. (Ark. Code Ann. § 28-48-101(b)(6))
Connecticut Nonresident executor must appoint in-state probate court judge as agent to accept legal papers. (Conn. Gen. Stat. Ann. § 52-60)
Delaware Nonresident executor must appoint county Register of Wills as the agent to accept legal papers. (Del. Code Ann. Tit. 12, § 1506)
District of Columbia Nonresident executor must appoint the probate register as agent to accept legal papers. (D.C. Code Ann. §§ 20-303)
Florida Nonresident can be appointed executor only if he or she is related by blood, marriage or adoption to person making will. (Fla. Stat. Ann. § 733.304)
Illinois Nonresident executor may be required to post bond, even if will expressly states bond not required. (755 Ill. Comp. Stat. § 5/6-13)
Indiana

Nonresident must post a bond and either serve with a coexecutor or appoint an in-state agent to accept legal papers. (Ind. Code Ann. § 29-1-10-1)

Iowa Nonresident can serve as executor only if serving with a coexecutor, unless court allows nonresident to serve alone. (Iowa Code § 633.64)
Kansas Nonresident executor must appoint an agent who lives in the county where probate is conducted to accept legal papers. (Kan. Stat. Ann. § 59-1706)
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. Ann. § 395.005)
Louisiana Nonresident executor must appoint an in-state agent to accept legal papers. (La. Code Civ. Proc. Art. 3097)
Maryland Nonresident executor must appoint an in-state agent to accept legal papers. (Md. Code Ann. [Est. & Trusts], §§ 5-105, 5-503)
Missouri Nonresident executor must appoint an in-state agent to accept legal papers. (Mo. Rev. Stat. § 473.117)
New Hampshire Nonresident executor must be approved by probate judge and must appoint an in-state agent to accept legal papers. (N.H. Stat. §§ 553:5, 553:25)
New Jersey Nonresident must post bond unless will waives the requirement. (N.J. Stat. Ann. § 3B:15-1)
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. (New York Sur. Ct. Pro. Act § 707)
North Carolina Nonresident executor must appoint an in-state agent to accept legal papers. (N.C. Gen. Stat. § 28A-4-2)
Ohio Nonresident can be executor if either (1) he or she is related by blood, marriage or adoption to person making will, or (2) he or she lives in a state that permits nonresidents to serve. (Ohio Rev. Code Ann. § 2109.21)
Oklahoma Nonresident executor must appoint an agent who lives in the county where probate is conducted to accept legal papers. (Okla. Stat. Ann. tit. 58, § 162)
Rhode Island Nonresident executor must appoint an in-state agent to accept legal papers. (R.I. Gen. Laws §§ 33-8-7, 33-18-9)
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 Ann. § 35-50-107)
Texas Nonresident executor must appoint an in-state agent to accept legal papers. (Tex. Prob. Code Ann. § 78)
Vermont Nonresident executor must appoint an in-state agent to accept legal papers. (Vt. Stat. Ann. tit. 14, § 904)
Virginia

Nonresident executor can be appointed only with court approval and must appoint an in-state agent to accept legal papers. Bond may required unless nonresident serves with a resident coexecutor. (Va. Code Ann. § 64.2-1246)

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 Ann. §§ 11.28.185, 11.36.010)
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 Ann. § 44-5-3)
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. Ann. § 856.23)
Wyoming Nonresident executor must appoint an in-state agent to accept legal papers. (Wyo. Stat. § 2-11-301)

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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