Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation.
Detailed Answer
Under Washington law, interested parties may petition the probate court to remove a personal representative (formerly called an executor or administrator) if they mishandle estate assets. The removal process is governed by RCW chapter 11.76 and related statutes.
1. Grounds for Removal
RCW 11.76.110 authorizes the court to remove a personal representative for reasons including:
- Misappropriating or fraudulently converting estate property.
- Failing to inventory or safeguard assets.
- Neglecting to file required accountings or pay debts and taxes.
- Acting in bad faith or demonstrating gross misconduct.
Read the full statute: RCW 11.76.110.
2. Preparing the Petition
- Use the Washington State Superior Court Civil Rule B form for petitions in probate matters (available on your county’s court website).
- Allege specific facts showing misconduct: dates, actions, asset values, and any attempts to resolve concerns informally.
- Include copies of relevant documents: inventories, accountings, receipts, correspondence.
3. Filing with the Probate Court
- File the petition and attachments in the county where the estate is administered.
- Pay the required filing fee or apply for a fee waiver if eligible.
- Serve the personal representative and all beneficiaries or interested persons according to Washington’s rules for service of process (RCW 11.28.170).
4. Notice and Response
After filing, the court will schedule a hearing date and set a deadline for responses. Service of the petition must occur at least 20 days before the hearing. The personal representative can respond in writing or at the hearing.
5. Court Hearing
- Present evidence supporting removal: witness testimony, documentary proof, appraisals.
- The personal representative may present a defense or propose corrective action.
- The court determines whether removal is in the estate’s best interest.
6. Court Decision and Next Steps
If the court grants removal, it will appoint a successor representative under RCW 11.36.100. The successor must qualify, post bond if required, and then complete remaining duties: collecting assets, paying debts, and distributing to beneficiaries.
Helpful Hints
- Gather documentation early: detailed inventories and accountings strengthen your case.
- Meet all court deadlines for filing and service to avoid delays or dismissal.
- Consider mediation with beneficiaries to resolve disputes before court intervention.
- Keep copies of every filing and proof of service.
- Consult a probate attorney quickly if the estate has complex or high-value assets.