ABA Family Legal Guide

Estate Planning

Wills

The Executor

Is there anyone whom I shouldn't appoint as executor?

As a general rule, the executor can't be a minor, a convicted felon, or a non-U.S. citizen. In addition, while all states allow an out-of-state resident to act as executor, some require that the nonresident executor be a primary beneficiary or a close relative. Some states require that a nonresident executor obtain a bond or engage a resident to act as the nonresident executor's representative. For these reasons, and because handling an estate can take months and require several court appearances, it's a good idea to pick at least one executor who is a legal resident of the state in which your estate will be administered.