What Happens When The Executor Lives out of State?

Let’s say your loved one lived in Pennsylvania, but you live in another state. If you were named as the executor of the Will, or intend to become nominated as administrator, you’ll face certain challenges administering the estate from afar.

Don’t worry, this happens more often than you’d think, and it makes up a significant percentage of my clients. But there are a few extra things to be aware of if you’re handling a Pennsylvania estate while residing in another state.

The first hurdle you may face is the bonding requirement. Unless the loved one left behind a Will and the Will contains a “bond waiver clause” you will have to purchase a bond. Bonds are like an insurance policy to cover potential misuse of assets. The law requires bond unless the Will specifically exempts it.

Real estate is often another major source of headache. Most estates involve real property and handling it from out of state is no small task. Cleanouts, personal property retrieval, or arranging repairs become more difficult when you're hours away. Local help is key. Our firm connects our clients with real estate brokers, cleanout companies and other professionals to help make the task more feasible.

Finally, travel to Pennsylvania is sometimes required. Many counties in Pennsylvania have “virtual probate” which essentially allows the representative to appear at the probate hearing remotely. But some counties still require an in-person visit to take the oath of personal representative.  Even if virtual probate is available, meeting the evidentiary document requirements can present hurdles for some representatives. You may be required to produce original renunciations, proof of paternity and family lineage, original Will and death certificate, original bond, and a probate petition. I’ve even handled situations where folks fly in to Pennsylvania without understanding what was required ahead of time. That’s why we identify the requirements upfront to keep things running smoothly.

So, if you’re facing probate from out of state, you’re not alone.

ARTICLE COURTESY OF MICHAEL DAIELLO, ESQUIRE