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Who Can Be Appointed the Executor a Will: List and Facts
Each state has slightly different requirements for who can and can’t serve as the executor, personal representative, administrator, or other similar equivalent of a will.
But regardless of the specific requirements, probate courts and probate judges have the final say, and here’s what they typically look for.
Who Can Be the Executor of a Will
Executors are most often the surviving spouse, an immediate family member of the deceased, or a family lawyer, but generally speaking most adults who are U.S.
residents and do not have any felonies qualify to serve as the executor of an estate.
Broadly speaking, executors:
- Must be a legal adult, so either 18 or 21, depending on the state*
- Can’t have any felonies (excluding New Jersey* and Oregon)
- Must be a U.S.
resident
- Must be deemed “of sound mind” by the probate court
There are also a myriad of other state rules that may affect eligibility. Many states follow the Uniform Probate Code in whole or in part, but it’s best to check in with a probate lawyer and/or look up the s
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