McCullough & McCullough | Lawyers Serving South Texas For Three Generations

Estate Administration
& Probate

Estate Planning

Real Estate Law

Business Law

Why shouldn’t you choose an out-of-state executor?

On Behalf of | Feb 7, 2022 | Estate Planning

When you’re building your estate plan, one thing you want to do is to select an executor who will be there to help once you pass away. The executor you choose can be almost anyone from a close friend to a spouse.

Sometimes, the right person for the job doesn’t reside within your state, but you may think that they’re really the best choice for the role. They may agree that they can travel to your estate when the time comes, but is it really a good idea to have them be the executor of your estate?

An out-of-state executor can make issues more complicated

Many states don’t like it when an executor is coming from out of state, because it means that the court system may have a harder time tracking misused estate property or issues that occur. Why? Different parts of a state, let alone different states, fall under varied jurisdictions.

Out-of-state executors are also in a more difficult position because they have less of an opportunity to take care of a home in another state or to assess property values. They may be unfamiliar with the area, need to work through multiple meetings on tight deadlines and have to manage everything they have going on in their home state.

You can choose anyone for an executor, but it’s a good idea to look close to home

While you can select anyone for an executor, it’s a better idea to find someone who lives close to you. A spouse living with you or a child who lives within the state may be a better option than a close relative who is in another state. By selecting someone who lives closer, it’s easier for them to get to your estate and to take care of matters.

Someone who lives out of state may need to fly in to take care of the estate, take off work, spend down vacation time or even spend their own money to take care of your final wishes. In general, it’s much easier to elect someone who is close to you and who won’t have to travel far to come to help.

FindLaw Network