Legal Question in Administrative Law in California
Qualifications for being an executor or administrator
Can you be appointed as an executor or administrator of an estate in Riverside County, California if you have declared bankruptcy in the past?
Asked on 1/30/06, 4:09 pm
1 Answer from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Re: Qualifications for being an executor or administrator
Look at Probate Code sections 8402 and 8502. Among the disqualifying factors are not being of legal age, not being a U.S. resident, having a conflict of interest, and being morally unfit.
Bankruptcy is a misfortune but not an act of moral turpitude. It is not a disqualification per se, but might point to other factors which would be disqualifying.
I would think an otherwise well-qualified former or current bankrupt could serve as an executor or administrator, but should be bonded.
Answered on 1/30/06, 9:58 pm
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