How do I apply to be appointed as the personal representative of a deceased relative’s estate in WA?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

FAQ: How to apply to be appointed as the personal representative of a deceased relative’s estate in WA

Detailed answer — step‑by‑step guide under Washington law

When a person dies in Washington, someone must be appointed by the superior court to gather the deceased’s assets, pay debts and taxes, and distribute what remains to heirs or beneficiaries. That person is called the personal representative (sometimes called an executor when named in a will). This FAQ explains how to apply to be appointed as personal representative under Washington law and what to expect.

1. Decide whether probate is needed

Not every estate needs full probate. Small estates or estates where all assets are held jointly or have payable‑on‑death/transfer‑on‑death designations may be handled outside formal probate. Washington has simplified procedures for smaller estates. For an overview of probate law, see Washington’s probate statutes: RCW Title 11 — Probate and Trust Law.

2. Determine if the decedent left a valid will

If there is a will that names a person to serve as personal representative, courts give strong consideration to that nomination. If there is no will (intestate), Washington law sets a priority order for appointment (for example spouse, adult children, other heirs). The relevant statutes are in RCW Title 11: RCW Title 11.

3. Identify the proper court and file your petition

Probate matters are filed in the Superior Court of the county where the decedent was domiciled at death. To start the process you file a petition for probate or for issuance of letters of administration (if there is no will) or letters testamentary (if there is a will). The petition asks the court to appoint you as personal representative.

Typical documents to file include:

  • Petition for probate / appointment of personal representative (local court form)
  • The original will (if one exists)
  • Certified copy of the death certificate
  • Names and addresses of heirs and beneficiaries
  • Notice and mailing information for creditors and interested persons

Each county court may have its own local probate forms and filing rules — check the Superior Court website or clerk’s office for your county.

4. Service and notice

After filing, you will have to give notice to interested persons (heirs, beneficiaries, surviving spouse) and sometimes publish notice to creditors according to court rules. The court will provide instructions and deadlines for serving notice. This lets interested parties object to your appointment if they have a reason.

5. Bond, qualifications and hearing

The court will review the petition. The court may require a fiduciary bond to protect the estate unless the will waives bond or the court dispenses with it. The petitioner must be an adult and generally must not be legally incapacitated. If there are no disputes and the paperwork is in order, the judge often appoints the nominated person and issues letters (proof of authority) without a contested hearing.

6. If someone objects

Any interested person can object to the appointment (for example on ground the nominee is unfit). If there is a dispute about who should serve, the court will hold a hearing and decide based on statutory priority and the best interests of the estate and beneficiaries.

7. After appointment — duties of the personal representative

Once appointed and sworn in, the personal representative must collect assets, secure property, notify creditors, pay valid debts and taxes, file inventories and accountings as required, and distribute assets under the will or Washington’s laws of intestacy. The court may require periodic reporting.

Useful Washington law and court resources

Important timeline notes: Probate timelines vary. Some appointments occur within weeks for uncontested cases; complex or contested estates can take months or longer. Notify creditors and act promptly to protect estate assets.

Disclaimer: This information is educational only and does not constitute legal advice. Laws change and every situation is different. Consult a licensed Washington attorney or your county Superior Court clerk to apply law to your facts and to get help with filings.

Helpful Hints

  • Before filing, call the Superior Court clerk and ask for probate checklists and required local forms — that saves time and filing fees.
  • If the decedent left a will, locate the original will before filing. Courts usually require the original document.
  • Gather a certified death certificate early — you’ll need multiple certified copies for banks and government agencies.
  • Prepare a list of known assets, bank accounts, real property, and debts to include with your petition and to give to the court and beneficiaries.
  • Check whether the will waives bond. A will often waives or reduces the bond requirement; otherwise the court sets the bond amount based on estate value.
  • If the estate appears small, ask the clerk about small‑estate procedures that can avoid formal probate.
  • If someone objects or the estate has disputes, consider consulting a probate attorney early — contested matters are technical and time‑sensitive.
  • Keep clear records and receipts. The personal representative is accountable to the court and the estate’s beneficiaries.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.