Can a convicted felon be executor of a Will?

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Can a convicted felon be executor of a Will?

Asked on April 3, 2013 under Estate Planning, Kentucky

Answers:

Gregory Abbott / Consumer Law Northwest

Answered 8 years ago | Contributor

It depends upon your state law and perhaps upon what crime the felon was convicted of - assault might be ok while embezzling or theft probably would not.  If state law does not outright prohibit it, at the least, the court would have to be told and it may well hold a hearing on the matter before deciding.  Note that an executor or personal representative is usually nominated when the testator is alive and makes the will; the court will not decide if the nominee can serve as executor until the testator dies and probate is started.  Further, of course, whatever the state law is now, it may change by the time the person dies and probate is initiated. 


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