When creating an estate plan, one of the most important decisions is choosing the person who will serve as your Executor or Personal Representative. This person will be responsible for managing the estate, paying debts, handling required paperwork, and distributing assets according to your wishes.
Many people choose a trusted family member or friend for this role. But what happens if the person you want to name as Executor lives in another state?
The good news is that an Executor does not necessarily need to live in the same state as the person who passed away. However, there may be additional legal requirements and practical considerations depending on where the estate is being administered.
If you are creating or updating your plan, learning more about estate planning in Kansas and Missouri can help you choose the right people to carry out your wishes.
Can an Out-of-State Person Serve as Executor?
In many cases, yes.
Both Kansas and Missouri allow qualified individuals who live outside the state to serve as an Executor or Personal Representative. Living in another state does not automatically disqualify someone from administering an estate.
However, additional requirements may apply.
Under Kansas Statute § 59-706, a nonresident may be appointed as an executor or administrator of a Kansas resident’s estate if the nonresident appoints an appropriate resident agent as required by Kansas law.
Missouri also permits a qualified nonresident to serve as a Personal Representative. Missouri Revised Statute § 473.110 specifically allows an otherwise qualified nonresident to be appointed. Before letters testamentary or letters of administration are issued, Missouri Revised Statute § 473.117 generally requires the nonresident to designate a Missouri resident or qualifying Missouri corporation as an agent for service of process and notices.
Depending on the estate and circumstances, additional court filings or other requirements may also apply.
Because probate laws vary by state and by the circumstances of the estate, working with a local probate attorney can help an Executor understand what is required.
Additional Responsibilities for an Out-of-State Executor
Serving as an Executor from another state is possible, but it can require additional planning and coordination.
An out-of-state Executor may need to:
- Communicate regularly with the probate court and attorney handling the estate.
- Work with local attorneys, accountants, financial institutions, and real estate professionals.
- Arrange for property maintenance, inspections, or repairs.
- Coordinate the sale or transfer of real estate.
- Maintain accurate records of estate expenses and transactions.
- Communicate with beneficiaries and creditors.
- Travel to the state where the estate is being administered when necessary.
Many estate administration tasks can now be completed remotely. However, some situations may still require in-person involvement, particularly when an estate includes real estate, valuable personal property, complicated financial assets, or disputes among beneficiaries.
If you have been appointed to administer an estate, Kelley Law Firm’s Probate Law services provide guidance for Executors and Personal Representatives throughout the probate process.
Choosing the Right Executor Matters More Than Location
When selecting an Executor, many people focus on choosing someone who lives nearby. While convenience can be helpful, location should not necessarily be the deciding factor.
It is usually more important to choose someone who is:
- Responsible
- Organized
- Trustworthy
- Comfortable handling financial matters
- Able to communicate clearly
- Willing to dedicate the necessary time to the estate
A reliable person who lives several states away may be a better choice than a nearby family member who lacks the ability, time, or willingness to properly manage an estate.
The more important question is not simply, “Does this person live close by?” Instead, ask, “Can this person effectively carry out my wishes and fulfill the responsibilities of an Executor?”
For more information about the role itself, read Trustee vs. Executor: What’s the Difference?.
Consider Naming a Local Backup Executor
If your preferred Executor lives out of state, you may also want to name an alternate or successor Executor.
A backup Executor can step in if your first choice is unable or unwilling to serve. This provides additional flexibility and can help prevent unnecessary delays in the estate administration process.
Some individuals may also consider appointing a professional fiduciary or other qualified professional when they want a neutral party to handle the estate.
Your Executor choices should be clearly stated in your Last Will and Testament and reviewed periodically as relationships, circumstances, and locations change.
What If an Out-of-State Executor Creates Problems?
An out-of-state Executor has the same responsibility to properly administer the estate as an Executor who lives locally.
Executors and Personal Representatives are fiduciaries. They are expected to follow applicable law, comply with court requirements, protect estate property, maintain appropriate records, and act in the interests of the estate and its beneficiaries.
Problems may arise if an Executor:
- Fails to communicate with beneficiaries.
- Delays estate administration unnecessarily.
- Mismanages estate assets.
- Fails to complete required court filings.
- Does not properly account for estate funds.
- Fails to follow court orders or other legal responsibilities.
If an Executor fails to fulfill these responsibilities, beneficiaries or other interested parties may have legal options.
For example, Kansas Statute § 59-1711 allows a fiduciary to be removed in certain circumstances, including when the fiduciary is incapable of performing their duties or fails or refuses to perform duties required by law or court order.
Similarly, Missouri Revised Statute § 473.140 allows a court to remove a Personal Representative in certain circumstances, including failure to discharge official duties or mismanagement of the estate.
Because Executor disputes can quickly become complicated, beneficiaries and Personal Representatives should consider speaking with an experienced probate attorney before taking action.
Plan Ahead to Make Estate Administration Easier
A well-drafted estate plan can make administration easier regardless of where your Executor lives.
Clear instructions, organized financial records, updated beneficiary designations, and properly titled assets can reduce confusion and help the probate process move more efficiently.
You can also make things easier for your Executor by maintaining organized information about:
- Financial accounts
- Real estate
- Insurance policies
- Retirement accounts
- Business interests
- Important professional contacts
- Digital accounts
- Beneficiaries
- Estate planning documents
It is also important to review your estate plan periodically. Your preferred Executor may move, become unavailable, or no longer be the best person for the responsibility.
Working with an experienced estate planning attorney can help ensure that your Executor appointments and other documents continue to reflect your wishes.
Let Kelley Law Firm Help
Choosing an Executor is about more than geography. The right person should be responsible, trustworthy, organized, and prepared to carry out the duties involved in administering your estate.
At Kelley Law Firm, we assist individuals and families throughout Kansas and Missouri with estate planning, probate and estate administration, wills, trusts, and other estate planning matters.
Whether you are deciding who should serve as your Executor, have been named as an out-of-state Executor, or need assistance navigating probate after the death of a loved one, our team can help you understand your responsibilities and the next steps.
Contact Kelley Law Firm today to schedule a consultation and get guidance tailored to your estate planning or probate needs.