Legal Question in Wills and Trusts in California

Out-of-state executor

I was wanting to know if the California law allows for an executor of a will to be living outside of California.


Asked on 3/05/04, 10:12 pm

3 Answers from Attorneys

Scott Schomer Schomer Law Group

Re: Out-of-state executor

Yes.

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Answered on 3/06/04, 4:14 pm

Re: Out-of-state executor

An out of state Executor is fine but I believe most Counties in California will require the out of state Executor to be bonded. A "surety bond" costs about (this is a guess from memory) $500 for a $100,000 estate and about $2,500 for a $400,000 estate. If bigger than that you can guess. There are certainly other advantages to using an in-state Executor but with overnight mail, fax, email, phone, etc... an out of state Executor is really no problem at all. Good luck!

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Answered on 3/07/04, 9:00 am
Ken Koenen Koenen & Tokunaga, P.C.

Re: Out-of-state executor

Yes, someone from out of state can be an executor of a will in California. Some courts, by local rule, will require a bond, even if the will specifically states that no bond is required, if the executor lives out of state.

While much of the paperwork can be done by mail, you may want to have an attorney in California represent you, in case of possible court proceedings.

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Answered on 3/06/04, 12:50 pm


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