Can I Have an Out-of-State Executor for My Will?

You may not have lived in the same state your entire life, which is more common than you imagine. And so, it is likely that the person you trust the most to execute your will currently resides in a different state from you. Well, please continue reading to learn whether it is okay to have an out-of-state executor and how an experienced Putnam County wills attorney at the Law Office of Andres D. Gil, PLLC, can help you understand the possible implications before you make this assignment.

Can I have an out-of-state executor to handle my will?

Notably, New York does not have a residency requirement for executors of wills handled by the state’s probate court. So, yes, you may appoint an out-of-state executor of your Last Will and Testament document. But this is so long as they meet the other criteria, such as being at least 18 years old, without a history of a felony offense, of sound mind, and a legal status in the United States.

Uniquely, an out-of-state executor may have to appoint a local person within New York to act as their agent for service of process. Also, depending on the local New York State Surrogate’s Court regulating the estate administration, they may be required to provide a bond. Of course, your executor may be unfamiliar with the local estate laws, tax laws, and other relevant statutes. But rest assured, no potential issue may go unresolved if they hire someone from our team to assist them.

How should my out-of-state executor handle ancillary probate?

Possibly the reason why your chosen executor lives out of state is because you bought a second, third, or otherwise additional real estate property in New York State. In this case, your executor may need to undergo a domiciliary probate process in the state of your primary residence first. Then, they must enter ancillary probate in New York State to handle your remaining property. The bright side is that your will document that was deemed valid in the first state will be viewed the same by the local New York State Surrogate’s Court.

However, the court may require your executor to acquire a new letter of authority beforehand. This is not to mention that you are subjecting your executor to the headache of a second legal process. That said, there are legal strategies for avoiding ancillary probate for your additional property. This is whether you make your property in joint tenancy, transfer it into a revocable trust, adopt a transfer on death deed for it, or otherwise sell it to simplify your overall estate.

In conclusion, if you find yourself up against this, please do not go through it alone. Instead, pick up the phone and speak with a skilled estate planning attorney in Putnam County. Our team at the Law Office of Andres D. Gil, PLLC, wishes to aid you during this difficult point in time.