A Trustee plays a central role in your estate plan. They are responsible for managing the trust’s assets and carrying out your wishes if you’re no longer able to. Generally, you will name yourself as the initial trustee and at least one other person as a successor Trustee.
→ Related: What is a Trustee?
This article covers who can typically serve as a Trustee, and what to consider when naming one.
Basic Requirements for a Trustee
To serve as a Trustee in most states, a person must:
Be at least 18 years old
Be of sound mind (mentally competent)
Typically, have no felony convictions
These requirements help ensure the person you name is legally and practically capable of carrying out their duties.
Should I Choose Someone Who Lives in My State?
While it’s not always required, it’s often recommended to name someone who lives in the same state as you. That’s because:
Different states have different rules about trust administration
Some financial institutions may be more comfortable working with local trustees
Out-of-state trustees may face added administrative steps (such as designating a registered agent)
If you're considering naming someone who lives in another state or country, it's a good idea to consult with an estate planning attorney in your state to understand any extra requirements or potential limitations that might apply.
Other Considerations When Choosing a Trustee
Choose someone who is organized and trustworthy
Make sure they’re willing and able to take on the responsibility
It's a good idea to speak with them in advance
You may also name multiple successors, in case your first choice is unavailable when the time comes