Resident Process Agent

A resident process agent is someone an executor appoints to facilitate legal communication and proceedings between a probate court and the executor.

A resident process agent is someone that is officially appointed to help handle official legal communication and papers between the probate court and an executor.

A probate lawyer usually adopts this role while working alongside an executor, but it doesn't have to be lawyer. Resident process agents are most common with out-of-state, nonresident, or nondomiciliary executors — in other words, executors who do not live in the same state as the deceased.

When you are in a different state from where the deceased was domiciled, court jurisdictions can't reach you, so when they need to force an executor’s hand or communicate with them, probate courts sometimes require or prefer an out-of-state executor to appoint an RPA to expedite communication and action.

Imagine if an executor, executrix, or administrator just stopped talking with the probate court and beneficiaries. There is no way a sheriff is going to drive across state lines to serve someone, so they just communicate with the RPA in person on the executor’s behalf. 

This is why some states have rules around out-of-state executors. Generally speaking, RPAs need to be: 

• 18+ years of age 
• Must live in the state where the estate is being probated 
• Should be generally responsive, available, and reliable. E.g. Cannot be planning to be out of the country for months.
• Must not be a felon or have any other convictions/charges

There are 28 states with specific rules for out-of-state executors. 

States with Specific Resident Process Agent and Out-of-State Executor Rules

If your state isn’t listed, such as Alabama, Montana, or California, they likely do not have specific requirements for out-of-state or nonresident executors outside of the basics, which include:

• Being of age
• Not being a felon 
• Posting bond 
• Being of sound mind

Arkansas

If a nonresident (out of state) executor has been appointed, a resident process agent who lives in the county where the estate is being probated is required to accept legal correspondence. (Ark. Code Ann. § 28-48-101(b)(6))

Connecticut

If a nonresident (out of state) executor has been appointed, the probate court judge must be appointed as agent to accept legal correspondence on their behalf. (Conn. Gen. Stat. Ann. § 52-60)

Delaware

If a nonresident (out of state) executor has been appointed, the county Register of Wills must be appointed as agent to accept legal correspondence on their behalf. (Del. Code Ann. Tit. 12, § 1506)

District of Columbia

If a nonresident (out of state) executor has been appointed, the probate register must be appointed as agent to accept legal correspondence on their behalf.  (D.C. Code Ann. §§ 20-303)

Florida

A person who is not domiciled in the state (nonresident) cannot qualify as personal representative (executor) unless the person is:

(1) A legally adopted child or adoptive parent of the decedent;

(2) Related by lineal consanguinity to the decedent;

(3) A spouse or a brother, sister, uncle, aunt, nephew, or niece of the decedent, or someone related by lineal consanguinity to any such person; or

(4) The spouse of a person otherwise qualified under this section.

(Fla. Stat. Ann. § 733.304)

Illinois

No special considerations except out-of-state executors may have to post probate or surety bond to protect beneficiaries, even if the will says otherwise. (755 Ill. Comp. Stat. § 5/6-13)

Indiana

If a nonresident (out of state) executor has been appointed, they need to post bond AND serve with a co-executor or name an in-state agent to accept and manage legal papers on their behalf. (Ind. Code Ann. § 29-1-10-1)

Iowa

Out-of-estate executors can serve if they have a resident co-executor OR the probate court specifically approves them to serve alone. (Iowa Code § 633.64)

Kansas

If a nonresident (out of state) executor has been appointed, a resident process agent who lives in the county where the estate is being probated is required to accept legal correspondence. (Kan. Stat. Ann. § 59-1706)

Kentucky

Nonresident executors can serve if related by consanguinity (ancestry), marriage, adoption or the spouse of such person. (Ky. Rev. Stat. Ann. § 395.005)

Louisiana

If a nonresident (out of state) executor has been appointed, a resident process agent who lives in the county where the estate is being probated is required to accept legal correspondence.  (La. Code Civ. Proc. Art. 3097)

Maryland

If a nonresident (out of state) executor has been appointed, a resident process agent who lives in the county where the estate is being probated is required to accept legal correspondence. (Md. Code Ann. [Est. & Trusts], §§ 5-105, 5-503)

Missouri

If a nonresident (out of state) executor has been appointed, a resident process agent who lives in the county where the estate is being probated is required to accept legal correspondence. (Mo. Rev. Stat. § 473.117)

New Hampshire

If a nonresident (out of state) executor has been appointed, a resident process agent who lives in the county where the estate is being probated is required to accept legal correspondence and must be approved by the probate judge. (N.H. Stat. §§ 553:5, 553:25)

New Jersey

Unless the will waives the need for a probate bond, the out-of-estate executor will need to post one. (N.J. Stat. Ann. § 3B:15-1)

New York

Nonresidency isn’t normally an issue but non-U.S. citizens who live outside of New York can serve as executor only with a resident co-executor and with court approval. (New York Sur. Ct. Pro. Act § 707)

North Carolina

If a nonresident (out of state) executor has been appointed, a resident process agent who lives in the county where the estate is being probated is required to accept legal correspondence. (N.C. Gen. Stat. § 28A-4-2)

Ohio

Nonresidents can be the executor if they are blood relatives, were married to the deceased, or adopted OR if they live in a state that allows nonresidents to serve. (Ohio Rev. Code Ann. § 2109.21)

Oklahoma

If a nonresident (out of state) executor has been appointed, a resident process agent who lives in the county where the estate is being probated is required to accept legal correspondence. (Okla. Stat. Ann. tit. 58, § 162)

Rhode Island

If a nonresident (out of state) executor has been appointed, a resident process agent who lives in the county where the estate is being probated is required to accept legal correspondence. (R.I. Gen. Laws §§ 33-8-7, 33-18-9)

Tennessee

An out-of-state executor has to appoint the secretary of state as an agent to accept legal correspondence and may also have to post bond. If you have a resident co-executor, you can also serve. (Tenn. Code Ann. § 35-50-107)

Texas

If a nonresident (out of state) executor has been appointed, a resident process agent who lives in the county where the estate is being probated is required to accept legal correspondence.  (Tex. Prob. Code Ann. § 78)

Vermont

If a nonresident (out of state) executor has been appointed, a resident process agent who lives in the county where the estate is being probated is required to accept legal correspondence.  (Vt. Stat. Ann. tit. 14, § 904)

Virginia

If a nonresident (out of state) executor has been appointed, a resident or in-state agent who lives in the county where the estate is being probated is required.  Bond may also be required unless you have a resident co-executor. (VA. Code Ann. § 64.2-1246)

Washington

If a nonresident (out of state) executor has been appointed, a resident or in-state agent who lives in the county where the estate is being probated and bond are both required. You can skip bond if the will says so or if you are the surviving spouse or sole beneficiary. (Wash. Rev. Code Ann. §§ 11.28.185, 11.36.010)

West Virginia 

If a nonresident (out of state) executor has been appointed, the clerk of the county commission who lives in the county where the estate is being probated must be appointed as agent to act on your behalf. You’ll need to post bond unless the will explicitly says you don’t need to. (W.Va. Code Ann. § 44-5-3)

Wisconsin

If a nonresident (out of state) executor has been appointed, a resident process agent who lives in the county where the estate is being probated is required to accept legal correspondence. Out-of-state executors can also be removed from their position or refused appointment simply because they don’t live nearby. (Wis. Stat. Ann. § 856.23)

Wyoming

If a nonresident (out of state) executor has been appointed, a resident process agent who lives in the county where the estate is being probated is required to accept legal correspondence. (Wyo. Stat. § 2-11-301)

How to Appoint a Resident Process Agent

Appointing a resident process agent is usually as simple as filling out a form. For example, in North Carolina, their form looks like this:

Talk to the relevant probate clerk or probate court for your estate and ask them which form you need.

Nathan's father David died and was domiciled in Maryville, Tennessee, meaning the probate court with jurisdiction over Blount County would be in charge of the probate process. David died without a will, or passed intestate, and therefore his estate needed to be dissolved according to intestacy law instead of a will.

Nathan spoke with his brothers and decided step up as the executor, even though he lived in New York. This made him a nonresident, or out-of-state executor. He and his brothers hired John, a local Maryville probate lawyer to help settle David's estate. To save Nathan from making trips down from NYC to accept every document that came up, Nathan appointed John as a resident process agent. This way he would only have to take a flight down when the situation really required it.