Ideally, we would all live near our loved ones. However, the reality of our global economy is that family members often live in another part of the country. As a result, the people you’d trust most to manage your final affairs may not live in Texas, where you live.
This is a problem many of my clients face. They worry that because their children or other family members are not residents of Texas, they will not be able to serve as executors of their Will.
Although Section 304.003 of the Texas Estates Code states that non-residents are not qualified to serve as an executor of an estate, it allows non-residents to serve as executors if they appoint a resident agent to accept service of process in all actions or proceedings with respect to the estate and they file that appointment with the Court.
So long as an agent is appointed and the appointment is filed with the Court, there is no problem with a non-resident serving as executor.