Restrictions on Who Can Serve as Your Executor

One of the most important reasons to make a will is to name your executor—called a “personal representative” in many states. After your death, your executor’s primary job is to protect your property until any debts and taxes have been paid and then transfer what’s left to those who are entitled to it.

Every state has some rules about who may serve as the executor of an estate that goes through probate. In most states, an executor must be at least 18 years old and of sound mind. Many states also prohibit a person with convictions for felonies, fraud, or specific financial crimes from serving as an executor.

Some states have restrictions on out-of-state executors and may require a nonresident executor to post a bond. Corporations may serve as executors in some states, but other states might not allow corporations to serve or might allow only certain types of corporations to serve. There are other less common reasons someone can’t be an executor, such as being a disbarred attorney or being a probate judge or clerk in the court where the will is being probated.