People who agree to serve as executors or personal representatives of estates take on a lot of responsibility. They have to fulfill the final obligations of the person who recently died. They also carry out their last wishes regarding the distribution of their property.
Personal representatives often have to physically secure estate assets ranging from real estate and jewelry to vehicles. They may need to clean out an apartment or a room in a nursing home. They may also need to communicate with creditors, attend probate proceedings and distribute assets.
Frequently, people choose personal representatives based on their personality and their proximity. Many testators select personal representatives who live near them or at least in the same state. Living arrangements are one of many considerations that influence the best candidate for the role. Does the personal representative managing a Texas estate need to live in Texas?
In-state residency is not mandatory
Physical proximity certainly makes it easier to fulfill probate responsibilities, but it is not a requirement. A personal representative living in another state can handle the responsibilities associated with probate proceedings if they have proper assistance.
Typically, they may need in-state support to fulfill their obligations. For example, they likely require the support of a probate attorney familiar with Texas laws who can be present during hearings in probate court. The lawyer can help with teleconferencing and other arrangements.
In-state support makes it easier to obtain professional services for elements of estate administration that require physical presence, such as securing assets. People can theoretically handle most or all of the estate administration process without actually traveling to Texas.
They can also plan so that they only need to travel to the state once or twice throughout the probate process. Someone who previously accepted the role of personal representative or who is considering volunteering for that position after the passing of a loved one may need to consider their schedule and the likely obligations stemming from estate administration to determine if they are in a position to accept that role.
Discussing the possibility of interstate estate administration can help a prospective personal representative determine whether they are in a position to oversee the probate process. Seeking legal guidance may help those who accept probate responsibilities while living in another state fulfill all of their obligations and learn about Texas probate rules.
