You may have chosen an executor who is willing to serve, trustworthy, dependable, communicative, organized and responsible. But do they meet the qualifications the probate court will check?
You don’t want to name someone who will be disqualified by the court. This can delay the opening of your estate.
Here are four factors to keep in mind:
1. The age of majority
In Nevada, anyone above the age of 18 is an adult. This is also called the age of majority. If an executor is under the age of majority by the time a will is probated, the probate court will disqualify their appointment.
2. Felony conviction
To serve in Nevada as an executor, one should not have been convicted of a felony unless the probate court determines such a conviction does not disqualify them from serving as an executor.
3. Proof that can disqualify their appointment
If the probate court receives proof that shows a conflict of interest, lack of integrity/understanding, drunkness, improvidence or any other compelling reason that can prevent the executor from serving competently, it can disqualify them.
4. An out-of-state bank
A bank can serve as your executor. But you need to be extra careful with this option. The probate court can disqualify a bank not authorized to do business in Nevada from serving as your executor. However, an out-of-state bank may be allowed to associate as coexecutor to a bank authorized to do business in the state.
Additionally, if you choose a bank as your estate’s executor or coexecutor, consider outlining guidelines on what should happen if they sell their business to or merge with another banking association.
It’s vital to choose an executor who qualifies to serve as an executor. Legal guidance can help you identify such a party.