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Usually, the person or people named as Executors under the deceased’s Last Will and testament will be appointed as Executors of the deceased’s Will. In many cases, this will be a spouse, relative or close friend of the deceased. In other cases, the deceased may have chosen to appoint a lawyer or bank as Executor. In practice, a person making a Last Will is relatively free to decide who to appoint as Executor. There are however some legal restrictions.

Certain states impose restrictions on who can act as an Executor. Normally, a person will not be able to act as an executor if they are under the age of majority in their state, have been convicted of a felony or are not a U.S. citizen.

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