If 2 executors are named in a Will and 1 is a resident of the state in which the deceased died but the other is not, will the court allow both to be executors?
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If 2 executors are named in a Will and 1 is a resident of the state in which the deceased died but the other is not, will the court allow both to be executors?
Asked on February 18, 2016 under Estate Planning, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
TX law states that a non-resident is not qualified to serve as an executor of an estate. That having been said, it allows a non-resident to to serve as an executor if they appoint a resident agent to accept service of process in all proceedings with respect to the estate (and they file that appointment with the Court). That having ben said, since there is a co-executor there may not be a need for this as lng as that executor is a TX resident (which thy are).
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