Can I become the personal representative of my sister’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The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.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.

How Washington law determines who can serve as a personal representative

Short answer: You may be able to serve as your sister’s personal representative, but whether you can depends on whether she left a will, who she nominated (if anyone), and whether any higher-priority relatives are available. The court must appoint a qualified person. This article explains the common rules, the typical steps to get appointed, and what you will have to do if you become the personal representative.

Detailed answer — what Washington law generally requires

Washington’s probate rules are in Title 11 of the Revised Code of Washington. The court grants formal authority to a person to manage a decedent’s estate by appointing a personal representative (sometimes called an executor if named in a will, or an administrator if appointed when there is no valid will). See Washington statutes: RCW Title 11 — Wills, Trusts, and Estates.

Who the court will appoint

Key factors the court looks at:

  • If the decedent left a valid will that names a personal representative, the court will generally appoint the person named unless that person is disqualified or unwilling to serve.
  • If no valid will exists (intestate) or the named person cannot or will not serve, Washington uses a priority order among relatives to select a personal representative. In practice, that means a surviving spouse or domestic partner will usually have priority, then children and their descendants, parents, then siblings, and so on. A sibling can be appointed when no higher-priority relative is available, willing, and qualified.
  • The chosen person must be able to act for the estate: typically an adult with legal capacity and not disqualified by statute or court for cause.

For statutory guidance on probate procedure and appointment of personal representatives, start with the Washington probate statutes at RCW Title 11. (For a specific statutory provision about appointment and related definitions, see the provisions under the probate chapters of Title 11.)

Steps to get appointed as personal representative in Washington

  1. Locate the original will (if any). The person named in the will typically files for probate.
  2. File a petition for probate or appointment of administrator in the Superior Court of the county where your sister lived. You will file a death certificate and the will if there is one.
  3. The court provides notice to interested parties (heirs, beneficiaries, and creditors). If no one objects, the court usually appoints the petitioner and issues Letters Testamentary (if there is a will) or Letters of Administration (if no will).
  4. If there is an objection (for example, someone contests the will or disputes who should serve), the court will hold a hearing and decide who is qualified to serve.

What being the personal representative involves

Once appointed you will generally have these duties:

  • Inventory and secure the decedent’s assets.
  • Give required notices to heirs and creditors and publish notice if required.
  • Collect assets, pay valid debts and taxes, and resolve claims.
  • File periodic reports and the final accounting with the court.
  • Distribute remaining assets to beneficiaries under the will or by intestacy rules.

The court may require you to post a bond (a type of insurance that protects the estate) unless the will waives it or the court decides it is unnecessary. The court may also allow reasonable compensation for your work. The probate process can vary in length and complexity depending on the estate’s size and any disputes.

Common situations and how they affect your ability to serve

Examples:

  • If your sister left a will naming you as personal representative and you are willing and able, you are the likely appointee.
  • If your sister died without a will and she is survived by a spouse or children, they usually have priority over siblings. You could be appointed only if those higher-priority people are unavailable, unwilling, or disqualified.
  • If there is conflict among heirs about who should serve, expect the court to intervene and possibly hold a hearing to decide.

Where to file and who to contact

Probate petitions are filed in the Superior Court in the county where the decedent lived when they died. Court clerks can provide local forms and filing instructions. For statewide statutory law, consult RCW Title 11.

When to get help

If the estate is complicated (real estate, a business, contested will, significant debts, or tax issues), consider consulting an attorney who handles probate in Washington. An attorney can explain local practice, court forms, and how to respond to creditor claims or disputes.

Disclaimer: This information is educational only and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, speak with a Washington-licensed attorney or the probate clerk in the county where your sister lived.

Helpful Hints

  • Find the original will quickly. The named person in the will usually has priority to be appointed.
  • Gather key documents before filing: death certificate, will, bank statements, deeds, and a list of likely creditors and beneficiaries.
  • Contact the county Superior Court probate clerk for local forms and filing fees.
  • Be ready to notify heirs and creditors as required by court rules.
  • Consider whether you should ask the court to waive a bond or whether the will already waives it.
  • Keep clear records and receipts; the court will expect an accounting of estate transactions.
  • If family members disagree about who should serve, you may need a hearing. Try to communicate and document agreements in writing to reduce disputes.
  • If the estate is small or assets are simple, ask the court clerk whether a simplified or small-estate procedure is available in your county.
  • Ask about statutory compensation for personal representatives so you understand how you may be paid for your work.
  • When in doubt, consult a probate attorney in Washington to protect yourself and the estate, especially when assets or claims are complicated.

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.