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What if I am named executor but live many states away?

On Behalf of | May 15, 2018 | Uncategorized |

Someone has died and named you the executor of his or her estate. One big problem is that you live many states away. Technically, this is not an issue because Nebraska has no special requirements for executors who live out of state. Many other states obligate executors to follow requirements such as posting bonds and working with someone in the state.

Being an executor can be a demanding and exhausting job, and living out of the region has the potential to make matters more complicated. Here is a look at your options if someone designates you as an executor.

Decline the job

No one can force you to be an executor. Even if you agreed with the deceased to be the executor many years earlier when you lived in the area, you have since moved away. It is unlikely the deceased would want or expect you to put your life on hold and devote months or even a year to their affairs.

In other words: It is perfectly fine to decline the job. The will should have named alternate executors, and if there are none or the named do not want to serve, the court will name someone. The estate will absolutely get executed.

Hire a law firm

Another option is to hire a law firm in the area where the estate is to perform the executor duties for you. In fact, this is an option that many people choose even when they live in the region. After all, estates can be quite complex and require much of your spare time. Also, the deceased’s estate should pay.

Choose to do it

Alternatively, you could choose to serve as executor. This may work best the simpler the estate is and the more experience and upfront access you have to the deceased person’s documents. For example, if the will is valid and not contested, you have already executed an estate and this new one has no estate tax issues and just a few big assets, the process could be manageable with a combination of long-distance work and in-state visits.