IN an estate with no will, is the court likely to appoint as executor, one with a criminal record if other(s) are available?

2 Answers

  • 9 months ago

    Courts do NOT appoint executors. An executor must be named in a will, by the decedent. When there is no will, the court appoints an administrator. Since administrators must handle financial transactions, it is within the court's authority to deny appointment to convicted felons. They may be more lenient with misdemeanors, depending on the crime. Anything related to fraud or other financial crimes, it goes directly to the trustworthiness of the person in handling finances, so likely not.

    The court does not go looking for 'others available'. The court doesn't know who is 'available'. One must apply to the court for appointment as administrator of an estate. The administrator must follow the laws of the state regarding intestacy (no will).

  • Maxi
    Lv 7
    9 months ago

    The probate court appoint an administrator and if someone puts themselves forward, they may or may not accept them and of course the administrator can be removed if 'others' complain... in which case they 'normally' appoint a legal court administrator

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