Overview: your rights as a beneficiary under Washington law

When someone dies and leaves a will, the court appoints a personal representative (PR) to gather assets, pay debts, and distribute what remains according to the will. As a beneficiary you have enforceable rights: you can ask for information about the estate, demand an accounting of receipts and disbursements, and, if necessary, ask the court to compel distribution or remove a PR who breaches duties.

Washington’s probate law is codified in Title 11 of the Revised Code of Washington (RCW). For an overview of statutes governing probate procedures, appointment of personal representatives, accounting and distribution, see RCW Title 11: https://app.leg.wa.gov/rcw/title11/.

Detailed answer — step-by-step actions to recover a cash bequest

1. Verify the will, your status as beneficiary, and whether the estate is open in probate.

   Obtain a copy of the decedent’s will and the court’s probate case file. If probate has been opened, the county superior court clerk will have the case number and filings. If probate has not been opened, a beneficiary can ask an interested person to open administration in the county where the decedent lived.

2. Get basic documents: death certificate, will, and probate filings.

   Copies of the will and appointment papers show who the PR is and whether the PR posted a bond. The court file will reveal inventories, accountings, petitions, and any scheduled hearings.

3. Make a written demand for distribution and an accounting.

   Send the PR a dated, signed letter (certified mail recommended) asking for (a) confirmation of the estate’s assets and liabilities, (b) a copy of any inventories and accountings, and (c) the estimated date you will receive your bequest. Keep copies and delivery receipts.

4. Check statutory and court deadlines for inventories and accountings.

   Washington law requires PRs to administer estates under the court’s supervision; they must file necessary inventories and accountings with the court. If those filings are missing or late, that is a ground to notify the court or to ask for a hearing. See RCW Title 11 for statutory duties and timelines: https://app.leg.wa.gov/rcw/title11/.

5. Request an informal meeting or mediation.

   If the PR is reachable, propose a short meeting or mediated session to resolve the distribution. An informal resolution can save time and court costs.

6. If the PR still refuses, file a petition in superior court.

   You can ask the probate court to compel an accounting, to compel distribution of a specific bequest, or to surcharge (hold the PR financially responsible for) losses caused by misconduct. You can also petition for removal of the PR for failure to perform duties or misconduct. The superior court in the county where probate was (or should be) opened handles these petitions. Washington court forms and local procedures are available at the Washington Courts website: https://www.courts.wa.gov/forms/.

7. Use small-estate procedures when appropriate.

   If the estate is small and qualifies under Washington’s small estate rules, beneficiaries may collect certain personal property without a full probate. Small-estate statutes and eligibility rules are located in RCW Chapter 11.62: https://app.leg.wa.gov/rcw/title11/chapter11.62/. Check the chapter carefully or consult the court clerk to determine whether you can use simplified collection methods.

8. Prepare evidence and witnesses.

   Document communications with the PR, the decedent’s statements about the bequest (if any), and any receipts or account records that show estate assets. The stronger your evidence of entitlement and the PR’s refusal, the clearer your case will be at a hearing.

9. Consider attorney representation.

   Probate litigation can involve complex procedure and statute. An attorney familiar with Washington probate practice can draft petitions, represent you at hearings, and advise on costs and likelihood of recovery. If you proceed without an attorney, use the court clerk and available forms as guides. Washington Courts’ forms page can help locate common probate forms: https://www.courts.wa.gov/forms/.

10. Be prepared for costs and timing.

    Compelling an uncooperative PR through the court can increase estate administration costs. If the court finds the PR at fault, the estate may be ordered to pay the beneficiary’s costs or to surcharge the PR personally. The timing depends on the court’s calendar and whether the PR responds or corrects the problem.

Hypothetical example (illustrative)

Emma is named in her brother’s will to receive $7,500 cash. The court appointed a friend as PR. Months after appointment Emma sends two written demands for distribution and an accounting. The PR does not respond and the estate has no public filings showing payment. Emma requests the court file from the county clerk, confirms there’s no inventory or accounting, and files a petition asking the court to compel an accounting and distribution of her $7,500 bequest. The court schedules a hearing, orders the PR to produce records, and ultimately orders distribution. If the PR had spent estate funds improperly, the court may surcharge the PR for losses and require repayment.

Key Washington statutes and resources

• RCW Title 11 — Washington Probate and Trust Law (general authority and procedures): https://app.leg.wa.gov/rcw/title11/
• RCW Chapter 11.62 — Small estates (procedures for simplified collection): https://app.leg.wa.gov/rcw/title11/chapter11.62/
• Washington Courts — Probate forms and court resources: https://www.courts.wa.gov/forms/

Helpful hints

• Keep written records of all communications with the personal representative. Certified mail receipts are valuable evidence.
• Get a copy of the probate case file early. The clerk can tell you whether the PR filed inventories, accountings, or petitions.
• Ask whether the PR posted a bond. A bond can offer an extra avenue for recovery if the PR misuses estate funds.
• Use the small-estate procedures only after you confirm eligibility with the statutes or the court clerk.
• Consider a demand letter from an attorney before filing a court petition. A formal demand sometimes prompts compliance and avoids litigation.
• Weigh the estate’s size against litigation cost. If the bequest is small relative to expected costs, mediation or informal resolution may be more practical.
• If you file a petition in court, be prompt in serving notice to other interested persons so the court can move the matter forward.