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Cateca
01-19-2012, 03:34 PM
I am about to draft parameters of my new will as a Florida resident. Could anyone versed in these matters tell me if the Executor has to be a Florida resident. I want someone in another state/US territory. Thanks

Carla B
01-19-2012, 07:11 PM
Don't believe the executor has to be a Florida resident, but you could pose this question to Ashley Hunt in the "Ask the Expert a Legal Question" forum and get the expert answer.

jblum315
01-19-2012, 07:32 PM
No, the executor does not have to be a Florida resident. One of my executors lives in New York and the other in California. However, they will probably have to work with a Florida attorney.
And hey, it won't be my problem!

cybrgeezer
01-19-2012, 08:15 PM
Just went through this.

Executor ("personal representative" in Florida legal speak) can be from any state, BUT if the p.r. lives outside Florida, there must be a bond, paid for out of the estate, thereby reducing its final amount. In our case, the out-of-state p.r. dropped out in favor of an in-state person (me).

Bottom line was we didn't even find out how much the bond had to be, but I believe I read it has to equal the estimated value of the estate.

Using a Florida lawyer is a good idea; I don't know if it's required.

A Florida wills and trusts attorney can explain this better and in detail.

TOTV Team
01-19-2012, 11:26 PM
I am about to draft parameters of my new will as a Florida resident. Could anyone versed in these matters tell me if the Executor has to be a Florida resident. I want someone in another state/US territory. Thanks

You can post in our 'Ask an expert a Legal Question' and our resident attorney can assist you with your question if you like.

rjm1cc
01-20-2012, 12:31 PM
I think you should also look into the use of a living trust that will pass your assets at your death and reduce probate costs. The trust is not designed to reduce taxes, just the problems of settling an estate.