How to Obtain Appointment as Administrator When a Higher-Priority Heir Exists in Washington

Detailed Answer

Under Washington law, intestate succession and appointment of administrators follow a strict priority order. RCW 11.36.010 designates the surviving spouse or registered domestic partner first, then children, parents, siblings, and so on. When a higher-priority heir exists, a lower-priority person (such as your client) must overcome one of three primary obstacles: renunciation, inability of the higher heir, or court-found good cause.

1. Renunciation by the Higher-Priority Heir. Under RCW 11.28.010, a qualified heir may formally renounce or refuse appointment. Once that heir signs and files a written renunciation, the next person in the priority chain becomes eligible. Your client can encourage or assist the higher heir in executing the renunciation form.

2. Demonstrate Inability or Unavailability. If the higher-priority heir is incapacitated, resides out of state, is a minor, or declines to serve, the court may bypass that heir. Your client should file a detailed petition outlining the heir’s unavailability and provide supporting documentation (medical records, declarations, or other proof). The court will evaluate whether the heir can perform the duties of an administrator.

3. Establish Good Cause for a Judicial Deviation. Washington courts have discretion under RCW 11.36.080 to appoint someone out of the usual order when a higher heir is unsuitable. Examples include conflicts of interest, history of mismanagement, or undue delay in estate administration. Your client must file a petition for deviation, detailing factual evidence and legal arguments that appointment of the priority heir would harm estate interests or beneficiaries.

After filing the appropriate petition and supporting documents at the superior court in the county where the decedent lived, the court will schedule a hearing. All interested parties must receive notice. If the court finds sufficient cause or receives a valid renunciation, it will appoint your client as administrator. Otherwise, the priority heir must accept or be deemed to have waived.

Helpful Hints

• Confirm the full list of potential heirs and their priority under RCW 11.36.010 before filing.
• Provide clear, sworn statements or declarations to prove incapacity or unavailability of higher heirs.
• Use the official renunciation form under RCW 11.28.010 when seeking a waiver.
• File your petition for deviation promptly; Washington courts may dismiss stale requests.
• Serve all interested parties with notice of your petition according to local probate rules.
• Maintain a timeline of all filings, notices, and court hearings.
• Consult the local superior court’s probate guidelines for additional procedural requirements.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.