Q: In Ohio, can an out of state person be an executor of an estate? Also, what are waiver of notice probate of will docs?
I was told I could not be executor of my parents estate because I reside out of state. Is that a nice to have condition or a need to have requirement. Also, I was sent a waiver of notice of probate of will from my brother without explanation to sign. Why should I sign this document. Did not come directly from the lawyer for my moms estate planning.
A: If your parents named you as executor in their wills, then you probably can act as executor. If they don't have wills, then you cannot. (R.C. 2109.21) It looks like your brother is moving forward with opening the estate. If this is something you would rather do, then you better get an attorney quickly.
Nicholas P. Weiss agrees with this answer
A: Someone living out of state can be an Executor, who was named in the will. They cannot be an Administrator, who handles the estate when there is no will. Signing a Waiver of Notice of Probate of Will indicates that the Executor or Administrator does not need to send you certified mail telling you that the will was filed with Probate. There will likely be other Waiver of Notice throughout the administration of the estate, which would do basically the same thing, e.g. indicating that the Executor or Administrator does not need to send you formal notice of the date and time of hearings. You do not need to sign any Waivers, although it may make the administration of the estate quicker if you do.
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