E259 Professional Executor for Non-US Heirs

<p>Hiring a professional executor is particularly useful for non-US heirs. Most state rules make it tough for you to be a US executor if you are not from or currently living the US.</p> <h2>US Executor Qualifications</h2> <p><img class="aligncenter size-medium wp-image-41816" src= "https://anthonyspark.com/wp-content/uploads/2022/03/US-Executor-Qualifications-300x169.jpg" alt="US Executor Qualifications" width="300" height="169" /></p> <p>Many states outright prohibit non-US citizens or residents from being a US executor. Some states are a bit more nuanced. New York allows a non-citizen to be executor, but only if they’re also a New York resident. You must prove that you are a New York resident not only when applying for executorship, but also whenever you are acting as the executor.</p> <p>For example, we have a non-US citizen heir who moved to New York for the purpose of being an executor. Then in the past two years, he moved out of state. When he tried to use his letters at the co-op, the co-op would not accept his letters because he was no longer a New York resident. In order for your letters to be valid, you must <u>stay</u> a New York resident.</p> <h2>Can you be a US executor if you live abroad?</h2> <p><img class="aligncenter size-medium wp-image-41817" src= "https://anthonyspark.com/wp-content/uploads/2022/03/Can-you-be-a-US-executor-if-you-live-abroad-300x169.jpg" alt="Can you be a US executor if you live abroad?" width="300" height="169" /></p> <p>Sometimes it can be done, but it’s challenging. New York may allow it, but only if you have a US co-executor. This is a pain because it means more paperwork during probate. For anything that requires a signature, you’re basically doing the work twice. If you are overseas, you’d have to go to an apostille or a consulate. Just the postage alone to sign each document can be quite expensive.</p> <p>Further, even if the court allows it, you now have an overseas co-executor who has to get US notarizations, which is often a frustrating process. And more, the co-exec