Reopening a Closed Probate in Washington: How to Seek Appointment as Administrator
Detailed answer — what reopening a closed probate means under Washington law
When a Washington probate estate has been closed, the court has entered final orders and the personal representative (executor/administrator) was discharged. Reopening the estate is the court process that reverses or modifies that final action so the court can deal with newly discovered assets, unpaid creditor claims, accounting errors, fraud, or other problems that require judicial supervision. Washington probate law is in Title 11 of the Revised Code of Washington (RCW); the superior court in the county where the original probate occurred has jurisdiction to reopen the case. See RCW Title 11 for probate law: https://app.leg.wa.gov/RCW/default.aspx?cite=11
Common legal reasons a court will reopen a closed estate include:
- Newly discovered property (bank accounts, real estate, life insurance, retirement accounts) that was not included in the original administration;
- Creditor claims that were not presented before closing and that the court determines should be handled through probate;
- Evidence of fraud, mistake, or misrepresentation in the prior administration or distribution;
- An heir, beneficiary, or creditor brings a successful action challenging the former distribution or the personal representative’s conduct.
If you want to be appointed administrator in the reopened estate, you will normally have to ask the court not only to reopen but also to remove or replace the prior personal representative or show that no valid personal representative remains able to serve. The court will consider priority rules for appointment (who has priority under Washington law to be appointed administrator) and whether reopening and appointment are necessary and equitable.
Which court and what documents
File your petition in the same Superior Court (county) that handled the original probate. If you do not know the county, start with the county where your father lived when he died. Get a certified copy of the original probate file or case number from the clerk. Washington Courts provides probate information and forms at: https://www.courts.wa.gov/programs-procedures/?fa=probate.home and general court forms at https://www.courts.wa.gov/forms/.
Typical petition elements and procedure
- Prepare and file a petition titled something like “Petition to Reopen Estate and for Appointment of Administrator.” Include the case number, the reason for reopening, facts showing newly discovered assets or other grounds, and the relief you seek (reopen, appoint you administrator, order an accounting, etc.).
- Attach supporting evidence: death certificate, copy of the final decree closing the estate, proof of newly discovered property (bank statements, deeds, insurance policies), and declarations from witnesses if relevant.
- Pay filing fees or request a waiver if you qualify. The clerk will set a hearing and give required notice to interested persons: heirs, beneficiaries, creditors, and the former personal representative.
- At the hearing, the judge will consider the petition, the evidence, and any objections. If the court reopens the estate it may order an accounting, authorize collection of the newly discovered assets, and appoint a personal representative (you) if that is appropriate under the circumstances.
Who can petition and appointment priority
Generally, interested persons — heirs, beneficiaries, creditors, or the former personal representative — may ask the court to reopen an estate. If multiple people seek appointment, Washington follows statutory priority rules for appointing an administrator (for example a surviving spouse, adult children, or other next of kin); the court will follow those rules and evaluate qualifications and conflicts. See RCW Title 11 for the statutory framework: https://app.leg.wa.gov/RCW/default.aspx?cite=11.
Time limits and practical considerations
There is no single automatic right to reopen every closed estate. Time limits can apply depending on the basis for reopening. For example, claims based on fraud or undisclosed assets may have statute-of-limitations issues, or other statutes may limit relief. Because time limits can differ by claim and circumstance, act promptly when you discover grounds to reopen. The clerk can tell you whether the county has recommended forms or local rules that affect filing and notice.
If someone else is the current representative
If the prior personal representative is available and disputes reopening or your appointment, the court will take testimony and evidence about the proposed administrator’s fitness and the reasons to reopen. The judge may require an accounting from the former representative and may remove them for cause (e.g., misconduct, failure to properly administer the estate).
When reopening is unlikely or impractical
If reopening is barred or would be disproportionately difficult, other options may be available depending on asset types and amounts:
- Small estate procedures or affidavits for limited-value assets (Washington has procedures that sometimes allow transfer by affidavit);
- Ancillary probate if assets are located in another state;
- Pursuing claims directly against persons who received property improperly.
Costs, timeline, and likely outcomes
Reopening can add attorney and court costs and delay final distribution. Outcomes range from a simple re-collection of a single missed bank account and appointment of a new administrator, to a full accounting and re-distribution if significant assets or wrongdoing are uncovered. The timeline varies: a straightforward reopening might be resolved in a few months; contested matters can take longer.
Key Washington resources
- RCW Title 11 (Probate law): https://app.leg.wa.gov/RCW/default.aspx?cite=11
- Washington Courts — probate information and forms: https://www.courts.wa.gov/programs-procedures/?fa=probate.home
- Washington Courts forms index: https://www.courts.wa.gov/forms/
Disclaimer: This article explains general Washington state probate concepts and is not legal advice. Laws change and every case depends on its facts. For legal advice about your specific situation contact a Washington probate attorney or your local superior court clerk.
Helpful Hints — practical steps to get started
- Obtain the original probate case number and file from the county superior court where your father’s estate was administered.
- Get certified copies of the death certificate and the court’s final order closing the estate.
- Collect evidence of any newly discovered assets (bank statements, deeds, insurance policies, transfer notices).
- Talk to the clerk about required forms and local rules — counties sometimes have different filing procedures and fee schedules.
- Prepare a written timeline and facts showing why reopening is necessary (when and how the asset was discovered, who had custody, why it was missed).
- Identify and list all interested persons — heirs, beneficiaries, known creditors — so you can show the court you served proper notice.
- Be ready to ask the court for specific relief: reopen only, reopen and order accounting, remove prior personal representative, and appointment of you as administrator.
- If the estate is small, ask the clerk about small-estate procedures (may be faster and less costly than full reopening).
- If you expect contested issues (e.g., fraud claims or replacement of an executor), consult a probate attorney early to evaluate strength of your petition and preserve deadlines.