Legal Question in Wills and Trusts in Indiana
Executorship
My mother has been given conflicting answers regarding whom she can mke executor of her will. She has an adult child in Indiana and one in another state. She wants to make the one out of state sole executor, but has been told she can not or that the cost to do so would be prohibitive. What are the laws/fees regarding an out of state executor?
1 Answer from Attorneys
Re: Executorship
The judge typically wants an in-state executor. That way, if any problem should arise the judge has jurisdiction (power) over the executor. The judge has very limited power over an out of state executor. If, for example, the out of state executor sets up a checking account out of state, it makes it very difficult for the estate to be finalized should there be problems with the out of state account or how it is handled. Normally when an out of state executor is appointed, the judge requires that an in-state co-executor also be appointed. This causes an un-necessary additional executor's fee....two instead of one...this is the way it is in Tennessee. I do not know what state you are referring to.
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