What are the requirements to be an executor?

In South Carolina, there are certain criteria that must be met in order to qualify to be an executor. The criteria used to determine an individual’s eligibility to serve as an executor are outlined in the South Carolina Code of Laws, Title 62. Firstly, the candidate must be a resident of South Carolina. Secondly, they must be at least 18 years of age, and thirdly, they must not have been judged legally incompetent. If the candidate satisfies these qualifications, they may then proceed with the application. The specific documents that must be filed in order to serve as an executor include a petition to be appointed executor of an estate, a will (if one exists), and an affidavit of executor. The petition must list the assets of the estate and the estimated value of each asset. The will must be certified by a notary or a probate court and must include the signatures of the testator and witnesses. Finally, the affidavit of executor must include the candidate’s name, address, and the signature of the candidate affirming that they meet all of the aforementioned qualifications. Once the documents have been filed, the next step is for the court to make a determination as to the applicant’s suitability. The court will review the documents and if they deem the individual suitable, they will issue a decree of appointment, authorizing the individual to assume their role as executor of the estate.

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What are the requirements to be an executor?

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