Legal Question in Wills and Trusts in Maryland

Does the executor of a wll have to be a resident of the state where the will is drawn up? I live in Maryland...relatives are in Indiana.

Asked on 8/29/10, 11:33 am

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

If there is only one executor, he/she must be a resident of the State of Maryland. However, an out-of-state resident can serve as co-executor IF they have a Maryland resident serve as the co-executor.

Best of luck.*******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 9/03/10, 11:42 am
Richard Abraham Abraham & Bauer, LLC

In Maryland an out of state executor can serve as the Personal Representative. But he/she must have a Maryland Resident Agent. That is accomplished via the completion one additional probate form when the estate is opened. Without the Resident Agency the answer is NO.

So your Indiana relative can be the executor of your Maryland estate so long as they appoint an in state resident agent. here is no necessity to have a co-executor and any advice that says there is wrong.

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Answered on 9/03/10, 12:52 pm

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