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Who may be an Executor of an Estate?

Posted by Joseph Britt | Feb 20, 2024

Who qualifies to be an exector?

The Code doesn't specifically tell us who CAN be an executor but it does tell us who CAN'T.

Ala. Code §43-2-22 is the relevant statute and can be summarized as follows:

  1. An executor cannot be under the age of 19.
  2. Cannot have been convicted of an infamous crime.
  3. And cannot be someone "who from intemperance, improvidence or wan of understanding is incompetent to discharge the duties" of an executor.

It is important to note that a nonresident, someone from outside the State of Alabama, can petition and be granted letters testamentary ("for an estate with a Last Will and Testament"), but cannot petition for Letters of Administration ("in the event there is no Last Will and Testament") unless, he or she is already serving as executor/administrator in the same estate in another state.

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