Disclaimer

This article is for general informational purposes only and is not legal advice. It explains how appointment of a personal representative (often called an administrator) typically works under Washington law. For guidance about a specific situation, speak with a licensed Washington attorney or the probate court in the county where the decedent lived.

Detailed answer — overview of the process under Washington law

When a person dies without a valid will (intestate) in Washington, their estate is handled through probate in the Superior Court of the county where the decedent lived. The court appoints a personal representative to collect assets, pay debts and taxes, and distribute the remaining property to heirs under Washington’s intestacy rules.

Who can be appointed?

Washington law gives priority to certain people when appointing a personal representative. Generally the priority order is (in simplified terms): surviving spouse, children, parents, then siblings and more remote relatives. If you are a surviving sibling, you can be appointed only if there is no surviving spouse, children, or parents with equal or higher priority, or if those persons do not want to serve. The statutory rules governing appointment and priority are in Washington’s probate code; see the statute on appointment and who may administer an estate: RCW 11.28.010 and the broader probate title: Title 11 RCW (probate).

Typical step-by-step process

1. Confirm intestacy and residency.

   Verify there is no valid will and confirm the decedent’s last legal residence was in the county where you will file. The Superior Court in that county handles probate filings.

2. Prepare and file a petition.

   File a petition or application with the Superior Court asking to be appointed as personal representative. The petition typically lists the decedent’s name, date of death, last residence, estimated estate assets and debts, and the heirs (distributees).

3. Provide a certified death certificate and pay filing fees.

   The court will require a certified copy of the death certificate and court filing fees. Many counties also require local forms—check the county Superior Court clerk’s office for exact requirements.

4. Notice and consent.

   The court will notify heirs and certain interested parties about the petition. If there are multiple people with equal priority who want to serve, the court will decide who should be appointed. Heirs can give written consent to waive bond or to nominate you as personal representative.

5. Bond (if required).

   The court may require a bond to protect the estate unless the heirs waive the bond in writing or the court dispenses with it. If required, bond premiums are an estate expense.

6. Appointment and Letters.

   If the judge appoints you, the court issues letters (Letters of Administration or Letters Testamentary) that authorize you to act for the estate—collect assets, access accounts, transfer property, and settle claims.

7. Administer the estate.

   Your duties include inventorying assets, notifying and paying creditors, filing any required tax returns, and distributing remaining assets to heirs according to Washington’s intestacy rules.

8. Close the estate.

   After administration is complete, you file a final accounting and petition for distribution or discharge and the court closes the estate.

What if other family members object?

If someone with higher priority wants to serve (for example a surviving spouse or child), the court will typically appoint that person instead. If multiple people of equal priority seek appointment, the court decides who is best suited. If there is a contested appointment, the court will set the matter for hearing and may consider factors such as the proposed representative’s relationship with the decedent, availability, and whether they can properly handle fiduciary duties.

Is formal probate always necessary?

Not always. Some smaller or simpler estates can be handled using non-probate procedures (for example: joint accounts, beneficiary designations, payable-on-death accounts, transfer-on-death deeds where allowed, or small-estate procedures). Each county and situation differs—ask the county clerk or an attorney if your situation might qualify for an abbreviated or non-probate process.

Where to file and where to get forms

File the petition in the Washington Superior Court for the county where the decedent resided. County Superior Court clerk websites list local forms and fee schedules. The state probate statutes and rules are at Title 11 of the Revised Code of Washington: https://apps.leg.wa.gov/rcw/title11/. The specific statute that sets out who may be appointed and priority rules is here: RCW 11.28.010.

Practical timeline

How long probate takes depends on estate complexity and whether claims are filed or the appointment is contested. Simple intestate administrations may take several months; complicated or contested matters can take a year or more. Prompt filing and clear communication with heirs speeds the process.

Helpful Hints

• Start by getting several certified copies of the death certificate—banks and government agencies almost always require them.
• Contact the clerk of the Superior Court in the county where the deceased lived to ask about local probate forms, filing fees, and any county-specific procedures.
• Gather supporting documents before filing: ID showing your relationship, asset statements, account numbers, titles, deeds, and a list of known creditors and potential heirs.
• If other family members are willing to sign written consents (for example to waive bond or to nominate you), obtain those signed forms before filing to streamline appointment.
• If the estate seems small or the assets pass outside probate (life insurance with a named beneficiary, retirement accounts, joint tenancy assets), ask whether formal probate can be avoided.
• Keep detailed records and receipts for all estate transactions—courts require clear accounting when you ask to close the estate.
• If someone contests your appointment or there are disputes about who is an heir, consider consulting a probate attorney early. Even a one-time consultation can reduce costly mistakes.
• Use the Washington probate statutes to check procedure and priorities: Title 11 RCW (probate) and appointment rules: RCW 11.28.010.