When you’re an out-of-state executor—living in a different city or state than where the estate is being settled—the task can seem even more daunting. However, with planning, communication, and the use of professional resources, you can manage the process efficiently and effectively, even from a distance. While a trip or two may be a necessity, minimizing back-and-forth travel may be accomplished with the right professionals on the ground near the estate.
Establishing Legal Authority as Executor or Personal Representative
First, it’s essential to understand your legal authority. Before taking any action, you must be officially appointed by the probate court in the county where the deceased person lived. This usually requires submitting the will (if one exists) and filing a petition for probate in the jurisdiction of the estate.
Many courts now offer online filing, and some allow remote appearances. Still, you may need to work with a local probate attorney to ensure documents are submitted correctly and deadlines are met.
A key distinction is that before appointment by the probate court as the executor or personal representative of the estate, any attorney you hire is acting on your authority, not that of the estate. Until officially designated by the court as the estate’s legal representative, you are not authorized to hire an estate attorney or anyone on behalf of the estate.
Action item: Check the resources of the jurisdiction of the estate. Most state statutes relegate the governance of estates and probate to the counties. However, in some state statutes, probate is relegated to a certain court, which may or may not follow county geography. Once you have determined the jurisdiction of the estate, you can proceed with filing probate and connect with that jurisdiction’s resources and personnel.
Work with a Probate Attorney on Ancilary Probate
A probate attorney is one of the most crucial resources for an out-of-state executor. They understand the local court system, probate laws, and administrative requirements. They can also advise on tax issues, creditor claims, and the distribution of assets. Working with a professional familiar with state and county regulations can prevent costly mistakes and delays.
Action item: Find a probate attorney licensed in the state of the estate and familiar with the estate’s jurisdiction.
While a local attorney is not a requirement, if they are to appear in court on your behalf, they must be licensed in that state. If you are depending on an attorney for on-the-ground help, referrals, and familiarity with the jurisdiction, a probate attorney local to the estate has advantages. A local attorney can be a logistical advantage when managing ancillary probate remotely. Moreover, as there will be numerous on-site tasks, such as responsibility for personal and real property, clean-out, liquidation, and or other hands-on responsibilities. Most probate attorneys know of, or work with, professionals who handle these common estate tasks. This could be discussed in an interview with potential probate attorney candidates.
See: Find and Vet a Great Estate Attorney
Secure and Marshal the Estate
Once appointed, you’ll need to secure the estate. This means protecting the deceased’s property, gathering important documents, and ensuring ongoing bills (like utilities and insurance) are paid. Hiring a local estate clean-out company or estate management service can be extremely helpful. These professionals can inventory assets, handle the contents of the home, and prepare the property for sale if needed.
See: Estate Talks: Insider Tips from Executor/Estate Cleanout Professional
See: The Emergence of the Estate Administration Services Profession
Real and Personal Property
If the estate includes real estate, partnering with a Certified Probate Real Estate Specialist/Certified Probate Expert (There are several designations) or a local real estate agent experienced in probate sales is vital. They can coordinate appraisals, arrange for repairs or maintenance, market the property, and manage showings and sale negotiations—all without requiring your physical presence. Like Probate Attorneys, Realtors who concentrate on probate sales will have professionals they can recommend or refer to handle common estate tasks.
See: Estate Talks: What is a Certified Probate Expert?
Appraisers, especially personal property appraisers, may also be necessary if the estate includes antiques, jewelry, collections, or other valuables. A licensed appraiser can help you understand the value of these items for inventory, tax reporting, or equitable distribution among heirs.
See: Understanding Personal Property Appraisers
See: The Appraisal Foundation’s “The Personal Property Owner’s Guide to Appraisal Services”
Communication is key when working remotely. Use tools like video calls, cloud storage for important documents, and estate management software to stay organized. Establishing regular check-ins with your attorney, real estate agent, and other service providers ensures nothing falls through the cracks.
See: Estate Talks: Executor Tools: Artifcts® for Estate Cleanout, Distribution and Legacy
See: What is The Estate Registry?
Another often-overlooked resource is a professional fiduciary. If managing the estate becomes too complex or time-consuming, or if conflicts arise, you can petition the court to appoint a licensed fiduciary to step in. This professional handles the day-to-day responsibilities while keeping you informed, reducing stress, and liability.
In summary, being an out-of-state executor is manageable with the right support. By relying on trusted local professionals—probate attorneys, real estate specialists, appraisers, clean-out crews, and fiduciaries—you can fulfill your duties responsibly and honorably without needing to be physically present every step of the way.