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Restrictions on who can be my executor in MA?

I'm updating my estate planning documents and my wife and I are having a little disagreement about who I should name as my executor. I was lead to believe that there are not restrictions on who can be my executor but my wife says the executor for my will must live in Massachusetts. What say you?

Who can serve as Executor in MA

I think that there are many issues to consider when selecting an appropriate sequence of executors. The ideal candidate does not need to be a CPA or lawyer - but they do need to be organized, impartial, willing to roll up their sleeves and get the job done, know the family, etc.
 
Location can be an issue given that there is always some legwork involved. But the executor named does NOT have to reside in Massachusetts. There is one additional piece of paper that must be filed with the court for an out-of-state executor, but it is really not a big deal. If your wife researched the issue, she may have learned that a "voluntary executor" must reside in MA - but that is a different animal.
 
Since you and your wife are putting this much effort into the process, you may want to consider creating a trust. Properly drafted and funded, the trust would allow you to avoid the probate process entirely. There are other benefits of a trust as well, but I will not get on my soap-box. Good luck.
 
Attorney Peter Bernardin
 

Who can be executor in Massachusetts

For our readers who may be interested in other types of restrictions on who may serve as an executor in Massachusetts:  You cannot name a minor, convicted felon, or someone who is not a U.S. citizen.

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