CCP 3097

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

CCP 3097

Art. 3097. Disqualifications

A. No person may be confirmed as testamentary executor, or appointed dative testamentary executor, provisional administrator, or administrator who is:

(1)Under eighteen years of age;

(2)Interdicted, or who, on contradictory hearing, is proved to be mentally incompetent;

(3)A convicted felon, under the laws of the United States or of any state or territory thereof;

(4)A nonresident of the state who has not appointed a resident agent for the service of process in all actions and proceedings with respect to the succession, and caused such appointment to be filed in the succession proceeding;

(5)A corporation not authorized to perform the duties of the office in this state; or

(6)A person who, on contradictory hearing, is proved to be unfit for appointment because of bad moral character.

B. No person may be appointed dative testamentary executor, provisional administrator, or administrator who is not the surviving spouse, heir, legatee, legal representative of an heir or legatee, or a creditor of the deceased or a creditor of the estate of the deceased, or the nominee of the surviving spouse, heir, legatee, or legal representative of an heir or legatee of the deceased, or a co-owner of immovable property with the deceased.

Amended by Acts 1964, No. 4, §1; Acts 1972, No. 347, §1; Acts 1985, No. 528, §1, eff. July 12, 1985.