Q: When assigning an executor to our will, do they need to be living in the state of Oklahoma or can they live out of state
A:
Legally, is is not necessary for the Executor (aka Personal Representative) to live in Oklahoma.
Practically, the Estate of the descendant may incur additional expense since it may be necessary to reimburse the Executor for their travel expenses.
Another point to consider is the amount of travel time between the Executor's home and Oklahoma. For instance, we had a case where the Executor lived in Phoenix AZ. So every time we had a court hearing, it involved a day of travel to Oklahoma, the day of the hearing, and a day of travel back to Arizona. Thus, the Executor had to block out three days regardless if the hearing lasted 15 minutes or 2 hours.
A:
There is no requirement that the person live in in Oklahoma. However, there are some logistical benefits to having an in-state executor.
Also, you may consider creating a trust or using other probate avoidance techniques. Naming an executor does not automatically give that person authority to deal with your property because a court must approve his or her appointment. In other words Will = probate.
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