Detailed Answer
Short overview: In Washington, a decedent’s next of kin can become the personal representative (often called the estate administrator when there is no will) by filing a petition in superior court, meeting statutory eligibility rules, following the priority rules for appointment, taking an oath, and—unless waived—posting any required bond. The process and the rules that affect who qualifies are set out in Washington probate law; court procedures vary by county.
Who can be appointed? Washington law favors appointing a close relative or the person named in a valid will. When there is no valid will (intestate), the court appoints a personal representative according to a priority list based on relationship to the decedent. Typical priority is: surviving spouse, children (or descendants of deceased children), parents, siblings, grandparents, aunts/uncles, and then more remote relatives. If a decedent left a valid will that names an executor, that person has a presumption to serve.
Basic statutory authorities (for more detail): see the Washington statutes on appointment and qualification of a personal representative at RCW Ch. 11.36 (appointment and letters), and on intestate succession and distribution at RCW Ch. 11.28. For creditor notice requirements see RCW Ch. 11.40.
Eligibility requirements
- Age and capacity: Generally the person must be an adult with legal capacity to serve (able to take the required oath).
- Residency and availability: Courts prefer someone who can perform duties; many counties will appoint an out-of-state person, but practical issues (court appearances, access to assets) and bond requirements may make an in-state representative preferable.
- Not disqualified by statute or court: Certain legal disabilities (for example, some felony convictions or conflicts of interest in specific circumstances) can bar appointment or lead a court to refuse appointment. The court also may decline to appoint a person who has demonstrated bad faith, dishonesty, or incapacity to administer the estate.
- Priority: If several people seek appointment, the court follows the statutory priority rules unless a higher-priority person declines or is unsuitable.
Typical steps for a next-of-kin seeking appointment
- Locate the proper court: File in the Superior Court of the county where the decedent was domiciled at death.
- Prepare and file a Petition for Appointment of Personal Representative: The petition asks the court to appoint you and lists heirs and known assets. County court clerks often have local probate packet forms.
- Provide the death certificate and any will (if one exists): If a will exists and you are the nominated personal representative, file the original will with your petition.
- Give notice to interested persons: The law requires notice to heirs and others; the court will instruct you how to serve notice. If intestate, all heirs must be served or receive notice.
- Bond: The court will decide whether a bond is required. A will may waive bond; otherwise the court may set a bond amount based on estate value. In some cases, next of kin can agree to bond or secure a bond through a surety company.
- Hearing/Oath and issuance of Letters: If the court approves, the appointed personal representative signs the oath. The court issues Letters to the personal representative (letters testamentary or letters of administration), which prove legal authority to act for the estate.
- Begin administration: With letters, the personal representative can collect assets, pay debts and taxes, and distribute property according to law.
Common reasons a next of kin might be denied
- Higher-priority relative seeks appointment and is suitable.
- Demonstrated unsuitability: history of dishonesty, inability to perform duties, or a serious conflict of interest.
- Statutory disqualification: certain felonies or incapacities may disqualify a person under court rules or statute.
- Failure to follow notice or filing requirements.
Practical examples (hypothetical): If a person dies in Seattle without a will and is survived by a spouse and one adult child, the spouse generally has priority to be appointed. If the spouse is not willing or is unavailable, the court would next consider the child. If the decedent left a will naming an adult child as executor, that child has the primary right to appointment unless the court finds a disqualifying reason.
Helpful Hints
- Start at the county superior court clerk’s office. Many counties publish probate packets, local rules, and checklists to guide next of kin through filing and notice requirements.
- Gather documents early: certified death certificate, list of assets and debts, titles, account statements, and any will. Courts usually require original wills when filed.
- Consider bond options: If the court requires a bond and you cannot personally secure it, a commercial surety bond company can issue one for a fee.
- Notify heirs and creditors promptly: Missing or late notices can delay administration or expose you to personal liability.
- Keep careful records: As personal representative you must account for receipts, disbursements, and distributions. Accurate records reduce disputes and simplify closing the estate.
- If multiple relatives want appointment, consider mediation or a signed agreement to avoid contested hearings.
- If unsure about conflicts, disqualifications, or complex assets (business interests, real property in multiple states), consult a probate attorney for guidance early in the process.
Where to read the law: The Washington statutes referenced above are available on the official Legislature site: RCW Ch. 11.36 (appointment and letters) at https://app.leg.wa.gov/rcw/default.aspx?cite=11.36, RCW Ch. 11.28 (intestate distribution) at https://app.leg.wa.gov/rcw/default.aspx?cite=11.28, and creditor notice rules at https://app.leg.wa.gov/rcw/default.aspx?cite=11.40.
Disclaimer: This article is for general informational purposes only and does not provide legal advice. It does not create an attorney-client relationship. For advice about a specific case or to confirm how these rules apply to your situation, consult a licensed Washington attorney or the local superior court clerk.