What Are the Qualifications for an Executor for an Estate?

To be appointed as an executor, an individual needs to meet certain standards. There are very specific qualifications for an executor established by law. The failure to meet any one of the basic qualifications precludes a person from being appointed an executor of an estate.

Criminal Record

A person designated as an executor must not have a conviction for any crime involving dishonesty, including a misdemeanor. Some jurisdictions exclude a person with any felony conviction whatsoever.

Good Character

Although a vague term, a person must be of general "good character" to serve as an executor.

Surety Bond

A qualification for an executor is being bonded by a surety. The executor must obtain a surety bond to cover any losses suffered from wrongdoing on the part of that individual.

Knowledge of Fiduciary Duty

A qualified executor needs to understand her fiduciary duty--the obligation to deal honesty in performing her functions.

Oath

Before an executor is qualified to serve an estate, he must sign and file an oath with the court.

References

• The Executor's Handbook , Theodore E. Hughes, 2007
• Cornell Law School, Estate Planning: Overview
• American Bar Association, Section of Trust and Estate Law

Resources

• Uniform Probate Code