Ohio § 2109.21

§ 2109.21.

(A) An administrator, special administrator, administrator de bonis non, or administrator

with the will annexed shall be a resident of this state and shall be removed on proof

that the administrator is no longer a resident of this state. (B)(1)(a) To qualify for appointment as executor or trustee, an executor or a trustee named

in a will or nominated in accordance with any power of nomination conferred in a will,

may be a resident of this state or, as provided in this division, a nonresident of

this state.  To qualify for appointment, a nonresident executor or trustee named in, or nominated

pursuant to, a will shall be one of the following: (i) An individual who is related to the testator by consanguinity or affinity; (ii) A private trust company or family trust company organized under the laws of any state; (iii) A person who resides in a state that has statutes or rules that authorize the appointment

of a nonresident person who is not related to the testator by consanguinity or affinity,

as an executor or trustee when named in, or nominated pursuant to, a will. (b) No executor or trustee under division (B)(1)(a) of this section shall be refused

appointment or removed solely because the executor or trustee is not a resident of

this state. (c) The court may require that a nonresident executor or trustee named in, or nominated

pursuant to, a will assure that all of the assets of the decedent that are in the

county at the time of the death of the decedent will remain in the county until distribution

or until the court determines that the assets may be removed from the county. (d) The court may require a nonresident private trust company or family trust company

appointed under division (B)(1)(a)(ii) of this section to appoint a resident agent

to accept service of process, notices, and other documents. (2)(a) In accordance with this division and section 2129.08 of the Revised Code , the court shall appoint as an ancillary administrator a person who is named in the

will of a nonresident decedent, or who is nominated in accordance with any power of

nomination conferred in the will of a nonresident decedent, as a general executor

of the decedent's estate or as executor of the portion of the decedent's estate located

in this state, whether or not the person so named or nominated is a resident of this

state. To qualify for appointment as an ancillary administrator, a person who is not a resident

of this state and who is named or nominated as described in this division, shall be

one of the following: (i) An individual who is related to the testator by consanguinity or affinity; (ii) A private trust company or family trust company organized under the laws of any state; (iii) A person who resides in a state that has statutes or rules that authorize the appointment

of a nonresident of that state who is not related to the testator by consanguinity

or affinity, as an ancillary administrator when the nonresident is named in a will

or nominated in accordance with any power of nomination conferred in a will. (b) If a person who is not a resident of this state and who is named or nominated as

described in division (B)(2)(a) of this section so qualifies for appointment as an

ancillary administrator and if the provisions of section 2129.08 of the Revised Code are satisfied, the court shall not refuse to appoint the person, and shall not remove

the person, as ancillary administrator solely because the person is not a resident

of this state. (c) The court may require that an ancillary administrator who is not a resident of this

state and who is named or nominated as described in division (B)(2)(a) of this section,

assure that all of the assets of the decedent that are in the county at the time of

the death of the decedent will remain in the county until distribution or until the

court determines that the assets may be removed from the county. (d) The court may require a nonresident private trust company or family trust company

appointed under division (B)(2)(a)(ii) of this section to appoint a resident agent

to accept service of process, notices, and other documents. (C)(1) A guardian of the estate shall be a resident of this state, except that the court

may appoint a nonresident of this state as a guardian of the estate if any of the

following applies: (a) The nonresident is named in a will by a parent of a minor. (b) The nonresident is selected by a minor over the age of fourteen years as provided

by section 2111.12 of the Revised Code . (c) The nonresident is nominated in or pursuant to a durable power of attorney under section 1337.24 of the Revised Code or a writing as described in division (A) of section 2111.121 of the Revised Code . (2) A guardian of the estate, other than a guardian named in a will by a parent of a

minor, selected by a minor over the age of fourteen years, or nominated in or pursuant

to a durable power of attorney or writing described in division (C)(1)(c) of this

section, may be removed on proof that the guardian of the estate is no longer a resident

of this state. (3) The court may appoint a resident or nonresident of this state as a guardian of the

person. (D) Any fiduciary, whose residence qualifications are not defined in this section, shall

be a resident of this state, and shall be removed on proof that the fiduciary is no

longer a resident of this state. (E) Any fiduciary, in order to assist in the carrying out of the fiduciary's fiduciary

duties, may employ agents who are not residents of the county or of this state. (F) Every fiduciary shall sign and file with the court a statement of permanent address

and shall notify the court of any change of address.  A court may remove a fiduciary if the fiduciary fails to comply with this division.