Counsel of Good Value: Ziegler Metzger's Motto Since 1952

Are there any restrictions when naming executors?

When making a will, one of the most important decisions you will make is naming your executor. This is the individual who carries out the duties of your will after your death.

Naming an executor means appointing an individual you trust to protect your assets and property until the resolution of any outstanding taxes or debts. Once this occurs, your executor makes the decision to transfer your property or funds to those named in the will.

Requirements concerning executor appointments

There are state requirements concerning the appointment of an executor. In Ohio, the individual must be at least 18 years of age and of a legally sound mind. A legally sound mind means the court determines there is no mental incapacitation. While some states prevent those with a felony conviction from serving as executors, this does not apply in Ohio.

Restrictions on executors

In addition to requirements, there are also restrictions within the state concerning naming executors. While it is practical to name an executor who lives close to you because of the demand associated with the day-to-day handling of matters, it is possible to appoint an executor from out of state. However, Ohio only allows the appointment of a nonresident executor if there is a blood, marriage or adoptive relationship between the individuals. The individual must also reside in a state that allows nonresidents to accept executor roles.

Your executor should be carefully chosen to avoid confusion and challenges following your death. Select an individual you trust who will agree to carry about your wishes.