How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dan Your Own Question
Dan, Retired JD
Category: Legal
Satisfied Customers: 1164
Experience:  Retired attorney, general practice, with an additional background in financial planning,
Type Your Legal Question Here...
Dan is online now
A new question is answered every 9 seconds

can I be the executor of an estate if I have a prior

This answer was rated:

Can I be the executor of my parent''s estate if I have a prior felony conviction? It was a conviction for receiving stolen property some 22 years ago. It is my parent''s wish that I be executor, and they stated as much in front of my Aunt and 1 of 2 sisters. I f it matters, I and my parents live in South Carolina.


There is no law in South Carolina that says that an executor must pass a background test before they can be appointed to the position by a court.

However, it is not inconceivable that someone who has an interest in the estate could object to the court at the time of your nomination. Keep in mind that the person named in the will is only nominated to the position of executor. The court has the authority to chose who will actually serve in that position. The court normally honors the decedent's request as to who is appointed. But if there is an objection the court could chose to not follow the nomination in the will.

I hope this has helped. Let me know if you have any followup questions. If none, please remember to click on the ACCEPT link so that I may receive credit for working on this topic with you. (I'd greatly appreciate it!)

Thank you,



The information provided is general in nature only and should not be construed as legal advice or to create an attorney-client relationship. You should always consult with a lawyer in your state.

PS: If an answer appears to you to have been very helpful, or to have taken above average expertise and/or research, or if the answer shows an above average amount of time and dedication devoted to your issue, a bonus is nice way to say "Thank you". Thanks!

Dan and 7 other Legal Specialists are ready to help you