Can I Serve as Executor or Administrator of An Estate in North Carolina If I Am Not a Resident? - Pennsylvania
The Short Answer
In Pennsylvania, you may be able to serve as an executor or administrator even if you do not live in the state, but it is not guaranteed. For nonresident administrators (especially in intestate estates), the Register of Wills has discretion to deny the appointment, so eligibility often depends on the specific facts and the county’s practices.
What Pennsylvania Law Says
Pennsylvania estates are handled through the county Register of Wills and Orphans’ Court. Whether a nonresident can serve depends on the type of appointment (executor named in a will versus administrator appointed when there is no will) and whether the Register of Wills has concerns about oversight, bonding, conflicts, or the ability to administer the estate effectively.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 3157.
This statute provides that the Register of Wills may refuse to grant letters of administration to an individual who is not a resident of Pennsylvania—meaning nonresidency can be a barrier, particularly when you are seeking appointment as an administrator (not simply serving as the executor named in a will).
Why You Should Speak with an Attorney
While the statute gives the Register discretion, applying it to your situation is rarely simple. Legal outcomes often depend on:
- Discretion and Local Practice: Because the Register “shall have discretion” under 20 Pa.C.S. § 3157, the outcome can turn on the county, the estate’s complexity, and whether objections are raised.
- Burden of Proof / Fitness Issues: Even beyond residency, Pennsylvania law disqualifies certain people and allows the Register to find a proposed personal representative “unfit” in some circumstances. See 20 Pa.C.S. § 3156.
- Disputes Over Appointment: If family members disagree about who should serve, the estate can quickly become contested, delaying access to accounts and property. For more background, see disputes over who should be executor or administrator in Pennsylvania.
Trying to move forward without counsel can lead to delays, rejected filings, or a contested appointment—especially when the proposed personal representative lives out of state. A probate attorney can evaluate whether the Register is likely to approve a nonresident appointment and help position the case to reduce objections and administrative risk.
Get Connected with a Pennsylvania Attorney
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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.