Out of State Executor

[VSPeck1]

What is the name of your state?Indiana - Can a person who lives out of State be an executor of a will in Indiana? I have had two wills written by attorney's who designated my daughter as executor if my husband cannot perform those duties and he the same for me. I was told that in Indiana that the executor of an estate MUST also be a resident of the State. Is that accurate and if not are there any specific requirements that my daughter will have to meet to be the executor? Would it be better to have her and my grandson who lives locally be co-executors? I want them to serve in this capacity without bond if at all possible.

 

[Zigner]

The information I have found says that a non-resident can be executor if there is also an in-state co-executor. Alternatively, a non-resident can be the sole executor if they post a bond and file a notice to accept the appointment and to appoint an agent (in-state) to accept legal documents, papers, etc.

This information was found by doing a web search using the phrase "Does an Indiana executor need to be a resident?"

Why is it that you haven't asked the attorney(s) who drafted your will(s) about this?

 

[VSPeck1]

He has retired and I cannot find him. I did not know if I needed to update my will or not. But thanks for the info

 

[zddoodah]

Can a person who lives out of State be an executor of a will in Indiana?

There's no such thing as "an executor of a will." A person may be nominated in a will to serve as executor of an estate. That person will become executor of the estate upon application to the court and a court order. I assume this is what you're asking about.

Section 29-1-10-1(c) of the Indiana Code provides that a non-resident may serve as executor (personal representative) if there is a resident who will serve as co-personal representative and posting a surety bond.

I was told that in Indiana that the executor of an estate MUST also be a resident of the State.

Told by whom? What did the lawyer who wrote your wills say when you made inquiry about this?

Would it be better to have her and my grandson who lives locally be co-executors?

Other than their status as resident/nonresident of Indiana, we know nothing about your daughter and grandson and, as such, cannot intelligently opine about which would be a better choice. However, as noted above, since a nonresident cannot serve as the sole personal representative of an estate, if you want your daughter to be personal representative, then your grandson (or some other resident) would have to be co-personal representative. Also keep in mind that the cost of the surety bond needed by the nonresident personal representative will be an expense that the estate will have to pay.

The information I have found says that a non-resident can be executor if there is also an in-state co-executor. Alternatively, a non-resident can be the sole executor if they post a bond and file a notice to accept the appointment and to appoint an agent (in-state) to accept legal documents, papers, etc.

As I read the statutes, these are not alternatives (i.e., the requirements are conjunctive, not disjunctive).

 

[Zigner]

As I read the statutes, these are not alternatives (i.e., the requirements are conjunctive, not disjunctive).

The way I read it is:

IC 29-1-10-1, Sec 1:
(c) addresses being a joint representative with an in-state joint representative and (d) addresses being the sole representative along with appointing a resident agent for service of process, etc. Either way, a bond is required, which is a point I didn't state above.

 

[LdiJ]

What is the name of your state?Indiana - Can a person who lives out of State be an executor of a will in Indiana? I have had two wills written by attorney's who designated my daughter as executor if my husband cannot perform those duties and he the same for me. I was told that in Indiana that the executor of an estate MUST also be a resident of the State. Is that accurate and if not are there any specific requirements that my daughter will have to meet to be the executor? Would it be better to have her and my grandson who lives locally be co-executors? I want them to serve in this capacity without bond if at all possible.

Who told you that an executor has to live in state? I am quite certain that they are wrong. However, it is often easier for someone who is local to handle the duties of the executor. So, making your daughter and grandson co-executors is not necessarily a bad idea. However, when there are co-executors there can be disagreements as to how to handle the estate, so the relationship between your daughter and grandson matters in the practicality of that.

 

[Zigner]

Who told you that an executor has to live in state? I am quite certain that they are wrong. However, it is often easier for someone who is local to handle the duties of the executor. So, making your daughter and grandson co-executors is not necessarily a bad idea. However, when there are co-executors there can be disagreements as to how to handle the estate, so the relationship between your daughter and grandson matters in the practicality of that.

Please read the information posted above.

 

[LdiJ]

Please read the information posted above.

I have had many tax clients over the last 35 years pass away with out of state executors for their wills. (In Indiana). Heck, I have even seen a handful with executors who lived in another country. Many/most of them did not have co-executors who lived in state. However, as far as I remember all of them did work with Indiana attorneys for the estate so that is perhaps what made things legit under the law.

 

[Zigner]

I have had many tax clients over the last 35 years pass away with out of state executors for their wills. (In Indiana). Heck, I have even seen a handful with executors who lived in another country. Many/most of them did not have co-executors who lived in state. However, as far as I remember all of them did work with Indiana attorneys for the estate so that is perhaps what made things legit under the law.

Did you READ the information provided? Of course an out-of-state representative is allowed, but there are conditions that have to be met for that to happen.