Disclaimer: This article is for general informational purposes only and does not constitute legal advice.
Detailed Answer
In Washington, an estate administrator (also called a personal representative) must manage the decedent’s assets, pay debts, and distribute property to heirs. When an administrator refuses or neglects these duties, interested parties may ask the court to remove them.
Who Can Petition for Removal?
Under RCW 11.76.120, a devisee, heir, legatee, or creditor with an interest in the estate may file a petition. You must demonstrate that you have a tangible stake in the estate’s outcome.
Grounds for Removal
- Failure to perform statutory duties, such as filing inventories or paying valid claims.
- Mismanagement or waste of estate assets.
- Conflict of interest or self-dealing.
- Inability or refusal to post a required bond.
See RCW 11.76.120: Removal of personal representative.
Removal Procedure
- File a Petition for Removal in the probate court where the estate is administered. Include facts showing the administrator’s refusal or misconduct.
- Serve notice on the administrator and all interested parties, per local court rules.
- Attend a show-cause hearing. Present evidence of breach of duty or incapacity.
- If the court finds sufficient grounds, it may remove the administrator and appoint a successor. The court can also order a bond or an accounting before releasing estate funds.
After Removal
The court typically appoints the next qualified person—often a beneficiary or creditor—to serve as administrator. That person must accept the role and, if required, post bond under RCW 11.28.330: Approval of bond.
Helpful Hints
- Gather documentation: inventories, accountings, correspondence showing the administrator’s inaction.
- Confirm you qualify as an interested party before filing.
- Follow local probate court rules for petition formatting and service.
- Consider requesting an accounting if you suspect asset mismanagement.
- Consult a probate attorney early to understand deadlines and procedural nuances.