Are there any restrictions on who can serve as the executor of an intestate estate?
In Delaware, there are restrictions on who can serve as the executor of an intestate estate. According to Delaware law, the executor of an intestate estate must be a resident of the state of Delaware. Additionally, the executor must be over the age of 18, and cannot be disqualified due to any conflict of interest. In order to be eligible to serve as the executor of an intestate estate, the person must not be a minor, a debtor, or someone who has been legally declared mentally incompetent. Additionally, the executor must not have a criminal conviction for theft or fraud, and must not be currently serving prison time. The person chosen to serve as executor of an intestate estate must also be willing to serve as executor, and must be approved by the court. The court may refuse to approve an executor if there is a conflict of interest, if the executor is not a resident of Delaware, or if the executor is not found to be fit for the position. Finally, the executor must also provide bond, if the court requires it. The bond ensures that the executor will fulfill his or her duties in accordance with the law. The executor is typically required to sign a bond that is equal to the value of the estate assets, and the bond must be approved by the court.
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