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Will related-Personal Representative is out of state. Needs a in state resident agent. What is the state agent's responsibility

Wilson, NC |

Making out wills, not aware that in sate resident agent was required. No family or personal friends in NC.

Attorney Answers 3


  1. You can appoint a non-resident to serve as your personal representative. The only complication will be that the personal representative must appoint a resident process agent who will notify the non-resident of any notices, claims, etc. that might be received during probate. The easiest solution would be for the non-resident personal representative to retain a local probate attorney to handle those duties.

    It is impossible to give specific answers to questions without meeting and fully discussing all of the potential issues that may not be addressed by your question. The answer(s) provided should be considered general information and are not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. The answer provided is intended to educate you and point to issues for you to raise in a consultation with a lawyer. You should not take any action that might affect your claim(s) without first seeking the professional opinion of a licensed attorney.


  2. I agree with my colleague. Hire local counsel to represent you in the probate and act as agent.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.


  3. I agree with both of my colleagues. Since you don't know anyone who lives in North Carolina, you should contact a probate attorney in Wilson County to represent you as a resident process agent.

    This response is for informational purposes only and is not meant as legal advice. No attorney-client relationship has been established.

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