Disqualification of certain persons to serve as executor or administrator

10/18/2007 - Wills and Estates - State: SC #10542

Full Question:

Can an heir be appointed the executor of the Estate if the heirs live outside the state where the estate is located? I live in South Carolina and the estate is in Alabama. We need to know what Alabama State law is on this.

Answer:

The following is an AL statute:

Disqualification of certain persons to serve as executor or administrator.

(a) No person must be deemed a fit person to serve as executor who is under the age of 19 years, or who has been convicted of an infamous crime, or who, from intemperance, improvidence or want of understanding, is incompetent to discharge the duties of the trust. Nor shall any nonresident of the state be appointed as administrator unless he is at the time executor or administrator of the same estate in some other state or territory or jurisdiction, duly qualified under the laws of that jurisdiction.
(b) If the person named in the will as sole executor is or if all the persons named therein as executors are, from any of the causes enumerated in subsection (a), unfit to serve as executor or executors, letters of administration, with the will annexed, may be granted on the testator's estate, under the provisions of section 43-2-27.


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10/18/2007 - Category: Wills and Estates - State: SC #10542

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