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The short answer to this question is yes,
in most circumstances. T.C.A.
§ 30-1-116 provides as follows:
No nonresident
person, bank or trust company may be appointed as the personal representative
of an estate of a decedent, except as provided in § 35-50-107.
As a result, we need to look at T.C.A.
§ 35-50-107 to determine the answer to this question. This statute in subsection (a)(2)(B) provides
as follows:
(2) The following
nonresident persons or corporations may serve as fiduciaries, whether the
appointment is by will, deed, trust agreement, court order or decree or
otherwise:
…
(B) Any resident or nonresident person may
serve as a personal representative of the estate of a decedent;
As a result, any nonresident person can
serve as the personal representative (executor, executrix or administrator) of
an estate of a decedent. This applies as
long as the personal representative is an actual person and not a corporate
entity (although there are rules that allow this as well). It is also important to note that T.C.A.
§ 35-50-107 has other filing requirements for nonresident personal
representatives that must be followed.
An attorney should be consulted to assist with these issues.
Follow me on Twitter at @jasonalee for updates from the Tennessee Wills and Estates blog.
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