Who Can Serve as an Executor?
When creating your Will, one of the most important decisions you’ll make is who to appoint as your Executor (also known as a Personal Representative). This person will be responsible for managing your estate after your passing, so it’s important to choose someone who is both capable and legally qualified.
General Requirements to Serve as an Executor
While state laws vary, most states require that an Executor:
Be at least 18 years old
Be of sound mind (legally competent)
Not have a felony conviction (in many states)
→ Related: What Is the Role of an Executor?
Does My Executor Need to Live in My State?
In many states, your Executor must be a resident of the state where you lived at the time of your death. If you name someone who lives out of state, some states may allow it, but may impose additional requirements, such as:
Appointing a co-executor who is a resident
Posting a surety bond
Filing through an in-state attorney or agent
Because these rules vary by jurisdiction, it’s a good idea to check your state’s requirements or consult with a qualified attorney.
Who Can You Choose as Executor?
You can typically name:
A spouse or partner
An adult child or other relative
A trusted friend
A professional (like an attorney, accountant, or financial advisor)
The person you name does not have to be a beneficiary of your Will, but many people choose someone close to them who understands their wishes.
When to Seek Legal Advice
If you're considering naming a non-resident executor, or if your estate involves property in multiple states or complex assets, it’s best to consult with an attorney licensed in your state. They can help ensure your choice is legally valid and practical.