Legal Question in Wills and Trusts in North Carolina

My mother lives in NC and her will names me and my sister co-executors. Can I be an executor and live outside NC?


Asked on 11/30/12, 4:23 am

1 Answer from Attorneys

Yes, assuming that you are otherwise qualified.

Your mother may feel that she is unable to choose and does not want to appear that she is playing favorites. However, naming 2 executors is a recipe for disaster unless you and your sister agree on everything all of the time.

I believe that there should be one captain of the ship who has the final say so. Your mother should strongly reconsider her decision and should name one person to be executor and another to serve as a contingent executor should the first be unable or unwilling to serve for any reason.

Being an executor can be a big job depending on the size and complexity of the estate.

It would be a big benefit to not only have an executor who resides close to NC but who is good at handling financial affairs. While you do not need a lawyer to probate an estate, the executor should at least consult with a probate attorney when the time comes to probate the will. Further, for an executor who resides out of state, there is the requirement that the executor name an agent who does reside in NC for service of process purposes. This can be a family member but usually it is the attorney representing the estate.

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Answered on 11/30/12, 3:48 pm


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