Generally, if you have a will, you can name anyone you want to and the court will respect your decision, but there are a couple of obvious prohibitions and then a few not so obvious restrictions.
Your executor must be:
If you pass away without naming someone in a will, the clerk of court will appoint someone in the following order (as long as they qualify with the above requirements):
(1) A surviving spouse;
(2) A beneficiary in a will;
(3) Any heir;
(4) Any next of kin
(5) Any creditor of the decedent;
(6) Any person of good character residing in the county who applies therefore; and
(7) Any other person of good character.
There are a few other important notes to keep in mind. The clerk of court has to discretion to turn down anyone it finds “unsuitable.” If you pass away without a will, your executor will have to get a surety bond and pay a bond premium in order to serve unless all other heirs sign a form waiving that requirement. Getting a bond involves passing a credit check. Depending on the county, some clerks of court will require bonds for all out-of-state executors, even if all heirs sign waivers, and sometimes even if the decedent had a will and waived the bond requirement! This is why it is important to meet with licensed attorney and set up your estate plan to ensure that the person who you want to handle your affairs when you pass away will be appointed.
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