If a parent, relative, or friend appointed you as executor in their will, but you don’t live in Louisiana, you may wonder if you can still serve as an effective executor. 

Special Rule for Nonresident Executors

Nonresidents of Louisiana may serve as executors of Louisiana estates. However, Article 3097(A)(4) of the Louisiana Code of Civil Procedure requires executors who don't reside in Louisiana to appoint a Louisiana resident to act as a resident agent. The resident agent will accept service of process and handle legal papers on behalf of the estate. The resident agent's name should be filed in the succession proceeding, so the court is aware of the resident agent's identity.

When you're an out-of-state executor

General Requirements to Serve as a Louisiana Executor

In addition to appointing a resident agent, you must meet the general requirements applicable to all executors, whether they live in Louisiana or out of state. For example, you must:

  • Be 18 years old or older
  • Be mentally competent
  • Not be a convicted felon
  • Not be proven unfit because of bad moral character

Make Sure You Follow Louisiana Law

Executors have important jobs. You are responsible for settling the estate, making sure that property is distributed according to the terms of the will and Louisiana law, and closing the estate. Often, an executor must do things such as:

  • Begin the succession process
  • Open a bank account in the estate's name
  • Protect assets for heirs
  • Pay bills
  • Appear in court, as necessary

You have a lot of responsibility, but you don't have to handle everything on your own. Our experienced Louisiana succession attorneys are here to help you. Every year we help hundreds of families throughout Louisiana with succession issues in cost-effective ways. Call us, or contact us through this website if you have any questions about serving as an out-of-state executor for a Louisiana succession.

 

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