Washington: How to Compel an Accounting from a Personal Representative in Probate

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.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

Can the Court Order a Full Accounting from an Estate’s Personal Representative?

Short answer: Yes. Under Washington law, beneficiaries and interested persons can ask the court to require a personal representative (executor or administrator) to prepare and file formal accountings of estate assets, receipts, disbursements, and distributions. If the representative refuses or the accounting raises concerns, the court can compel records, hold hearings, and order remedies.

Detailed Answer — What you need to know under Washington law

When someone acts as a personal representative in Washington, they owe fiduciary duties to the estate’s beneficiaries and creditors. One of those duties is to keep clear records and, when required, render an accounting to the court and to interested persons. Washington’s probate accounting rules are found in the Revised Code of Washington (RCW) dealing with estate accounts. See RCW Chapter 11.76 for the law governing filing and settling accounts: https://app.leg.wa.gov/rcw/default.aspx?cite=11.76.

Key points:

  • Who can ask: A beneficiary, heir, devisee, creditor, or any other person with a recognized interest in the estate (an “interested person”) can request an accounting or petition the court to require one.
  • What the accounting shows: A complete accounting normally lists assets at the opening of administration, receipts (money and property received), disbursements (paid debts, taxes, expenses, and distributions), intermediate transactions such as sales or transfers, fees charged by the personal representative or agents, and the proposed final distributions.
  • How to start: First ask the personal representative for an informal accounting or copies of records (bank statements, ledgers, receipts, inventories, sale documents, and tax returns). If that does not resolve the concern, file a petition in the probate case asking the court to order a formal accounting.
  • Court powers: If the court finds the petition justified, it can order the representative to file a verified account, produce supporting records, and appear at a hearing. The court may approve the accounting, require corrections, surcharge the representative for any losses caused by wrongdoing or negligence, remove the representative, or order other relief.
  • Timing: Washington law contemplates interim and final accounts. An interested person may generally petition for an accounting during administration if they have reason to question the estate’s handling. The court will apply time limits and procedural rules appropriate to the case and the stage of administration.
  • Exceptions and informal administration: Small estates or certain summary procedures may limit formal accountings. Whether an accounting is required can depend on the size and type of administration, the estate’s complexity, and any prior court orders. Ask the court clerk or an attorney if your probate is proceeding under a summary or small-estate route.

Practical steps to take:

  1. Request records in writing from the personal representative. Keep copies of your request and any responses.
  2. If you receive partial records but remain concerned, consult the probate case file at the court to confirm what filings already exist (inventories, interim reports, fee petitions, etc.).
  3. If the representative refuses or documents look incomplete or suspicious, file a Petition for an Accounting (sometimes called a Petition to Compel Account) in the probate court handling the estate. The petition should identify your interest, state the grounds for the request, and specify what records or accounting you seek.
  4. Serve the petition on the personal representative and other required parties. Attend the hearing prepared with specific questions about unexplained transactions, missing assets, or excessive fees.
  5. If wrongdoing is suspected (conversion, self-dealing, or significant mismanagement), ask the court for immediate temporary relief (such as a receiver or suspension) and consider criminal or civil remedies in parallel.

Possible outcomes:

  • The court orders a full verified accounting and approves it if it is correct.
  • The court requires corrections, additional documentation, or supplemental accounting periods.
  • The court orders financial remedies such as surcharge (monetary liability) against the personal representative for losses, reimbursement of estate funds, reduction of fees, or removal of the representative for cause.
  • The court may award attorney fees and costs to the prevailing interested person in certain situations.

Where to find the law and forms

  • Washington statutes on estate accounts: RCW Chapter 11.76 — https://app.leg.wa.gov/rcw/default.aspx?cite=11.76
  • Probate procedure, local court rules, and probate forms are available from the superior court clerk in the county where the estate is filed and from the Washington Courts website. Many courts post local probate rules and required form templates online.

Bottom line: Yes — beneficiaries and other interested persons in Washington can ask the probate court to demand a full accounting. Start informally, escalate to a court petition if needed, and be prepared to provide documentation and to explain specific concerns. The court has broad powers to review the estate’s records and to order remediation where appropriate.

Helpful Hints

  • Put requests for records in writing and keep copies of everything you send and receive.
  • Ask for a clear inventory of estate assets, bank statements from the date of death to present, receipts for payments, and documentation of any sales or transfers.
  • Compare distributions to the will or statutory distribution scheme to spot unexplained gaps.
  • If you are an interested person but not a beneficiary under the will, check whether you still have standing to petition by reviewing the probate petition and local rules or by contacting the court clerk.
  • Collect any contemporaneous communications (emails, letters, messages) that support concerns about mismanagement.
  • Consider consulting an attorney early if the estate is large, complicated, or you suspect misconduct. An attorney can draft a focused petition and help navigate hearings and remedies.
  • Be aware of deadlines. Estate claims and challenges may be subject to statutory and procedural time limits.

Disclaimer: This information explains Washington probate procedures in general terms and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, contact a licensed Washington attorney.

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.