Detailed Answer
Under Washington law, a personal representative (often called an estate administrator) must collect assets, pay valid claims, and distribute the remainder to beneficiaries. If the representative delays or refuses to pay your inheritance share, you can take the following steps.
1. Understand the Personal Representative’s Duties
Washington’s probate code (Title 11 RCW) imposes a fiduciary duty on personal representatives. They must:
- Gather and safeguard estate assets.
- File an inventory and account with the court (see RCW 11.76.070).
- Pay estate debts, taxes, and expenses.
- Distribute remaining assets to beneficiaries per the will or Washington’s intestacy rules (RCW 11.04.015).
2. Send a Written Demand
Before filing in court, send a formal written demand via certified mail. State the amount owed, reference your beneficiary status, and set a deadline (e.g., 14 days) for payment. Preserve proof of delivery.
3. Petition for an Order of Distribution
If the representative fails to pay after your written demand, file a Petition for Order of Distribution under RCW 11.76.060. In your petition, explain that assets are collected, debts are paid, and no valid reason exists to withhold your share. The court will:
- Set a hearing date and provide notice to all interested parties.
- Review the estate account and determine if distribution is appropriate.
- Issue an order directing the personal representative to distribute assets.
4. Request an Accounting if You Suspect Mismanagement
If you believe the administrator mismanaged assets or failed to file a proper accounting, file a petition under RCW 11.96.050. The court can order the representative to produce a detailed inventory and accounting of all transactions.
5. Seek Removal or Surcharge for Misconduct
When a personal representative neglects duties or commits misconduct, you may ask the court to remove them under RCW 11.76.100. You can also request a surcharge (financial penalty) for losses caused by mismanagement under RCW 11.76.120. The court will hold a hearing to evaluate evidence and determine appropriate relief.
6. Enforce the Court’s Order
If the personal representative ignores a court order to distribute your share, you can file a motion for contempt. The court may then impose fines or other sanctions to compel compliance.
Helpful Hints
- Keep copies of all correspondence, petitions, and court orders.
- Note statutory deadlines: Washington probates generally allow 30 days to respond to petitions.
- Confirm your beneficiary status with a certified copy of the will or relevant documents.
- Gather evidence of asset collection and debt payments to show the estate is ready for distribution.
- Consider consulting a probate attorney for complex estates, contested matters, or large asset pools.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a qualified attorney in Washington.