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Executor of my will - question

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ALABAMA-JF

Junior Member
What is the name of your state (only U.S. law)? Alabama

Does the Executor of my will have to be a relative?

Does the Executor of my will have to live in Alabama?

ThanksWhat is the name of your state (only U.S. law)?
 


TheGeekess

Keeper of the Kraken
Short answers: No. Yes.

Section 43-2-22
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.
(Code 1852, §§1658, 1659; Code 1867, §§1976, 1977; Code 1876, §§2340, 2341; Code 1886, §§2004, 2006; Code 1896, §§46, 48; Code 1907, §§2508, 2510; Code 1923, §§5730, 5732; Code 1940, T. 61, §§69, 71.)
Section 43-2-22

http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/130738.htm
http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/128505.htm
 

anteater

Senior Member
Section 43-2-22
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.
I wonder if that section is subject to parsing? That is, executor = nominated by will (and must meet only the requirements in the first sentence.) Administrator = appointed to administer an intestate estate.

For what it is worth... I did a quick search and found this law firm's website that states:

If the decedent left a will naming a personal representative, there is no legal requirement that the personal representative must be a resident of Alabama. As a practical matter there is not usually a need for a nonresident personal representative to travel to Alabama since the estate work can be handled by the lawyer and through mail. An Alabama probate lawyer can represents executors from across the United States in Alabama probate matters. For testate estates, any person named in the will as executor or beneficiary can petition the court for Letters Testamentary.

If the decedent did not leave a valid will, however, the administrator (personal representative) must be an Alabama resident unless such person 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. The personal representative cannot be under age 19, a convict of an “infamous” crime (whatever that means), or be mentally or otherwise unfit to serve.
http://www.fortenberrylaw.com/alabama/probate-lawyer/
 

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