Colin Wong
It depends on your state, and in some states the answer is no. Here is what to weigh up.
Plenty of people have family living abroad, so this question comes up a lot.
The first thing to know is that it may not be up to you. Each state decides who is allowed to serve as executor. Some states will not appoint anybody living outside the state at all. A few allow it only where that person is a close relative. Where your state does permit it, the court may attach strings. It might want a bond posted. It might want somebody inside the state who can be handed legal papers, or a second executor living locally. Check your state’s rules before you settle on anyone.
What makes the job harder from abroad
Even where your state allows it, distance adds friction:
Time zones – Getting hold of banks, courts, and beneficiaries across a big time difference slows everything down.
Travel and accessibility – An overseas executor may struggle to travel to the US to handle estate matters in person, such as taking inventory of assets or appearing in probate court if required.
Tax consequences – Appointing a non-resident executor can create adverse tax implications for your estate. Different tax laws may apply, potentially resulting in higher taxes and more complex reporting obligations.
Legal jurisdiction issues – An overseas executor may face significant challenges navigating the US probate system, which varies by state and can be difficult to manage from abroad.
If your heart is set on it
Some states allow a co-executor arrangement, where somebody in the US takes on anything that needs a local presence. There are other ways to structure it too, and what works depends on your state and on how the will is written. An attorney licensed in your state is the person to ask.
Professional executors
Where there is nobody suitable nearby, there are professional options:
A corporate trustee or trust company
An estate planning or probate attorney
A licensed fiduciary or accountant
They charge for the work, usually a flat fee or a percentage of the estate, and the money comes out of what you leave behind. Worth asking what it would cost before you name one.
Taking the next step
You can name your executor when you write your will online with EveryWill, and it costs you nothing. Charities cover the cost, and you can choose to leave a gift to one if it feels right.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Laws vary by state. For advice specific to your situation, please consult a licensed attorney in your state.