Detailed Answer
If your sibling died without a will in Washington (an intestate death), a court appoints a personal representative to administer the estate. Washington law (Title 11 RCW) governs who may be appointed and the process the court uses. See RCW chapter 11.28 for priority rules and appointment procedures: https://app.leg.wa.gov/rcw/default.aspx?cite=11.28.
Who has priority to be appointed?
The court follows a statutory order of priority when appointing a personal representative. Typically, the closest surviving family members have first priority (for example, a surviving spouse or children). If no spouse or children are available or willing to serve, the court looks to other next-of-kin such as parents and then siblings. If a sibling is the highest-priority willing and qualified person, the sibling can be appointed. For the governing rules, see RCW chapter 11.28: https://app.leg.wa.gov/rcw/default.aspx?cite=11.28.
Basic eligibility and disqualifications
To qualify to serve, you generally must:
- Be an adult (age 18 or older).
- Be legally competent to serve.
- Be willing to accept the duties and responsibilities of administration.
The court may refuse to appoint someone for cause (for example, serious conflict of interest, inability to perform duties, or other reasons the judge finds relevant). Washington also has statutes about bond, fiduciary duties, and factors the court considers when appointing a person to serve; see RCW chapter 11.36 for bond rules: https://app.leg.wa.gov/rcw/default.aspx?cite=11.36.
How to get appointed (step-by-step)
- Confirm there is no valid will. Persons must file the decedent’s will (if any) with the Superior Court in the county where the decedent lived. If no will is found, proceed under intestate procedures (RCW Title 11).
- Identify the correct court and file a petition. File a petition for appointment of a personal representative in the Washington Superior Court for the county where the decedent was domiciled. The petition asks the court to appoint you to administer the estate and must list the heirs and other interested persons.
- Provide required documents. The court will require a certified death certificate and information about the decedent’s assets and creditors. If other people with higher priority renounce or do not appear, include any written renunciations to support your petition.
- Give notice to heirs and interested parties. Washington law requires notice to heirs and certain creditors. The court will set a time for responses and may schedule a hearing if there is contest or need for further inquiry.
- Attend any hearing and obtain letters. If the court approves your appointment, it will issue letters (letters of administration or similar documents) that authorize you to act for the estate.
- Post bond if required. The court may require a bond to protect estate creditors and heirs. Bond rules and amounts are in RCW chapter 11.36: https://app.leg.wa.gov/rcw/default.aspx?cite=11.36.
What if multiple siblings want to be administrator?
If several siblings are equally entitled, the court will appoint the person the court finds suitable. The siblings can agree among themselves and present a joint petition or one sibling can petition alone. If heirs contest the appointment, the court holds a hearing and decides who is most fit to serve, taking into account availability, potential conflicts, and the best interests of the estate.
Small estates and simplified procedures
Washington provides simplified procedures for small estates in some situations. When the estate falls under the small-estate rules, you may be able to collect property or distribute assets without formal appointment. See RCW chapter 11.62 for small estates and disposition procedures: https://app.leg.wa.gov/rcw/default.aspx?cite=11.62.
Practical responsibilities after appointment
As personal representative you will have duties including locating and inventorying assets, notifying creditors, paying valid debts and taxes, and distributing remaining assets to heirs according to Washington’s intestacy rules. You must act in the estate’s best interest and follow statutory fiduciary duties in RCW Title 11.
Helpful Hints
- Start by obtaining a certified copy of the death certificate and checking whether a will exists (check with family, decedent’s safe deposit, or county court).
- Contact the Superior Court clerk in the county where your sibling lived to get the local probate forms and filing requirements.
- If other higher-priority relatives exist (spouse, children, parents), talk to them about whether they will renounce so you can serve; written renunciations help speed the process.
- Prepare a basic inventory of known assets (bank accounts, real estate, vehicles, insurance) to include with filings and to discuss with the court.
- Be ready to post a bond if required; the court sets bond amounts to protect heirs and creditors (see RCW chapter 11.36: https://app.leg.wa.gov/rcw/default.aspx?cite=11.36).
- Consider whether the estate qualifies for small-estate procedures under RCW chapter 11.62 before filing a full probate case: https://app.leg.wa.gov/rcw/default.aspx?cite=11.62.
- Keep careful records and receipts. Fiduciary duties require transparency and accurate reporting to the court and heirs.
- If heirs contest your appointment or if the estate is complex (real estate, business interests, disputes), consider consulting a lawyer experienced in Washington probate law.
Where to read the law: Key chapters in Washington law include RCW chapter 11.28 (appointment and qualification), RCW chapter 11.36 (bonds and fiduciary rules), and RCW chapter 11.62 (small estates). Access them at the Washington State Legislature site: https://app.leg.wa.gov/rcw/.
Final notes
Appointment procedures vary by county and the facts of each case. If you expect disagreement among heirs, significant debts, or complex assets, getting tailored advice from a probate attorney can save time and reduce disputes.
Disclaimer: This information is educational only and does not constitute legal advice. For advice about your particular situation, contact a licensed attorney in Washington.