Disclaimer: This post is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.
Detailed Answer
In Washington, you can appeal a probate court’s order removing a personal representative (formerly called an executor or administrator) by filing a petition for review under RCW 11.96.020. This process treats the appeal as a new action in the superior court rather than a direct move to the Court of Appeals.
1. Timeframe and Venue
You have 30 days from the date the removal order is entered to file your petition for review in the Superior Court of the county where the probate case was heard. Missing this deadline forfeits your right to appellate review. See RCW 11.96.020 for full timing and venue requirements.
2. Content of the Petition
- Identify the original case number, parties, and date of entry for the removal order.
- State the specific errors of fact or law you believe the probate court made (e.g., misapplication of RCW 11.28.040 governing removal grounds).
- Pray for relief—typically reversal of the removal order and reinstatement as personal representative.
- Attach a certificate of service showing notice to all interested persons, including beneficiaries and any successor representative.
3. Filing and Service
File the petition with the clerk of the superior court. Pay the applicable filing fee or request a fee waiver if you qualify. Serve a copy on:
- All interested parties (beneficiaries, creditor, successor personal representative)
- The personal representative’s counsel
- Any guardian or conservator involved in the estate
4. Appellate Procedures
After filing, the superior court clerk assigns a new case number and notifies you of deadlines under the Washington Rules of Appellate Procedure (RAP). Key steps include:
- Designation of Clerk’s Papers: Within 10 days, list the documents to include in the appellate record (RAP 9.2).
- Briefing Schedule: The appellant’s opening brief is due 30 days after the record is filed. The successor representative files the answer brief 30 days later, and you may file a reply within 14 days (RAP 5.2).
- Oral Argument: You may request oral argument in superior court under RAP 5.3 if it would aid the court’s decision.
5. Possible Outcomes
- The superior court may affirm, reverse, or remand the matter back to the probate court with instructions.
- If you disagree with the superior court’s decision, you may seek further review in the Washington Court of Appeals or Supreme Court under RAP 13.
Helpful Hints
- Start your appeal early—gather all necessary documents before the 30-day deadline.
- Review RCW 11.96.020 closely to ensure proper venue and timing: RCW 11.96.020.
- Consult the Washington Rules of Appellate Procedure (RAP) chapters 5 (briefing) and 9 (record) for procedural details.
- Keep detailed records of service to prove all interested parties received notice.
- If the paperwork feels overwhelming, consider hiring an attorney to handle deadlines and formatting requirements.