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Can you turn down the role as an executor if you’re out of state?

Being assigned as your loved one’s executor doesn’t automatically mean that you have to fulfill that role. In fact, you have every right to turn it down. When you live in another state, you may find that it’s difficult to deal with the estate, probate and other issues, especially if the laws that apply are for a different state.

Being outside of your loved one’s estate when they pass doesn’t mean that you can’t take on the role, but if you’re not comfortable with it, then you are able to turn it down in most situations.

What happens if you decide not to be the executor of the estate?

If you decide that you would rather not be the executor of your loved one’s estate, you have the option of resigning. It is a time-consuming role, so it’s reasonable to want to turn down that role if you aren’t living locally or aren’t familiar with the rules in the other state.

If you determine that the role isn’t for you, then you can resign by contacting the court. You will need to file a written application with the court clerk and complete a verified exhibit and account of the estate before it is passed on to another representative’s care.

Is it normal for people to decide not to take on the role of an executor due to many reasons. You might decide that you don’t have enough time or may feel overwhelmed due to the death of a person you cared about. It’s your choice to represent and take care of the estate or not.

If you decide to take on the role, should you work with an attorney?

It’s not a bad idea to consider working with an attorney if you’re the executor of an estate that is in another state. State laws do vary, so you’ll want to be aware of any differences that may affect the estate. It may also be helpful to have someone in the state handling some of the affairs so that you can be sure that you have local support when it’s needed.


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