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Disqualification of certain persons to serve as executor or administrator

Disqualification of certain persons to serve as executor or administrator

Q: Does South Carolina allow out of state executors?

Yes, South Carolina allows out-of-state executors to serve. However, they must be appointed by the court and may need to provide a bond. It's important to check specific requirements in South Carolina law to ensure compliance.

Q: What determines which state has primary jurisdiction over a decedent's estate?

The primary jurisdiction over a decedent's estate is typically determined by the state where the decedent was domiciled at the time of death. This means the state where the decedent had their permanent home. If the decedent owned property in multiple states, the estate may need to be probated in each state.

Q: Can an heir be an executor?

Yes, an heir can be appointed as an executor of an estate. However, they must meet the qualifications set by state law, such as being of legal age and not having any disqualifying factors like a felony conviction. In Alabama, heirs can serve as executors unless otherwise specified in the will.

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.

Category: Wills and Estates
Date: 04/07/2025
State: South Carolina

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.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Does an executor of an estate have to live in the same state?

No, an executor does not have to live in the same state as the estate. However, in Alabama, a nonresident can only serve as an executor if they are already acting as an executor in another state for the same estate. This means that while residency is not a strict requirement, there are specific conditions that must be met for nonresidents.