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Estate Planning For The Long Run

Estate Planning For The Long Run

Can You Be an Executor in Nevada if You Live Out-of-State?

by | Nov 7, 2024 | Estate Planning, Wills and Trusts

If you are the executor of somebody’s will, you may be wondering if you can be an executor when you live out of state. Navigating the Nevada probate process and the specific legal requirements, especially when it comes to wills, can be overwhelming, which is why you need to understand your role as an executor.

Before you begin the probate process and take on the responsibility as an executor, you need to first hire an estate planning attorney who can advise you on what your options are. At Morris Estate Planning Attorneys, our collective years of experience in Nevada estate planning and probate ensures we provide the best possible representation for our clients. Keep reading to find out if an executor can live out of state and, if so, how this will impact their duties.

What is a Nevada Will?

Everyone who lives in Nevada should have an estate plan. Part of any good estate plan is to at least have a will, as this allows you to provide instructions on what your last wishes are.

A Nevada will allows you to name a personal representative or executor, outline what beneficiaries get what assets, and name guardians for minor children, among other things. Overall, a will ensures that the right people will settle your affairs and receive your assets in the way that you intend.

What is an Executor?

Before finding out if an executor can live out of state, you first need to understand what an executor does. In Nevada, the executor of a will is an individual who acts as the personal representative who is responsible for ensuring the details of a person’s will are respected. An executor is typically named in the will. In the absence of a will, a personal representative may still be appointed in accordance with Nevada’s statutes that set forth the priority of who may serve. The personal representative must qualify to serve by being a capable adult who typically does not have any felony convictions.

Duties of an Executor

As the executor, you have specific responsibilities that you are legally required to carry out, such as:

  • Closing the estate
  • Paying taxes and other expenses
  • Safeguarding and inventorying estate property
  • Selling assets as appropriate
  • Notifying heirs and creditors
  • Operating the descendent’s business if necessary
  • Distributing assets to beneficiaries
  • Filing legal paperwork with the court

As the executor, it will also be your responsibility to take inventory of personal property and assets and address outstanding debt or claims. An executor must follow Nevada rules when carrying out their duties, which is why this can feel a bit overwhelming for many, especially if you do not live in Nevada. That is where an estate planning attorney can help, as they are familiar with these rules and can ensure you fulfill your duties legally.

Can an Executor Live Out of State?

You may be wondering if the executor of a will can live in another state, and the answer is yes. As long as the executor is named in the will and otherwise qualifies to serve, the executor need not be a Nevada resident. An out-of-state executor will still be able to do all of their duties as an executor, but it may come with some logistical challenges. For instance, you will need to understand Nevada estate and probate laws since you will have to follow these laws as you fulfill your duties as the executor. This may require traveling to Nevada from time to time to conduct estate business.

On the other hand, if the personal representative is not named in the will, or there is no will at all, then the personal representative either has to be a Nevada resident or serve in conjunction with a Nevada resident or a Nevada corporate representative.

When Will You Need a Co-Administrator?

If you are not a Nevada resident and are not named as an executor in a will (whether there is a vacancy or no will at all), but you otherwise qualify to serve as a personal representative, then you will not be able to serve unless you serve as a co-administrator with a Nevada resident or Nevada corporate representative.

How Probate Works in Nevada

If you have been named as an executor of a Nevada will, you will need to understand how probate works since this will align with your responsibilities. The time and cost to go through the probate process from start to finish can fluctuate significantly depending on the value of the assets and the types of assets in the estate. It is important to retain an experienced and competent probate attorney to help you go through the probate process.

Contact a Dependable Estate Planning Attorney at Morris Estate Planning Attorneys

Having an executor over a will is essential for any estate plan in the state of Nevada. However this can come with some challenges if the executor lives out of state as this can impact their duties.

At Morris Estate Planning Attorneys, our estate planning lawyers will help our Nevada clients at every step of the estate planning process to ensure they adhere to Nevada state laws. Contact us today at 702-471-0990 to schedule a meeting with one of our attorneys.