Disclaimer: This is general information only and is not legal advice. Laws change and every situation is unique. Consult a Washington probate attorney to get advice about your specific facts.
Detailed Answer
When someone notices unauthorized charges against a parent’s estate during probate in Washington, the court and statutory procedures exist to correct improper payments, recover funds, and hold responsible persons accountable. “Unauthorized charges” can mean different things: a creditor trying to collect without authority, a vendor billing the estate for services not owed, a personal representative (executor) who paid bills without court approval, or a family member/caregiver who took money or property without permission.
Below is a step‑by‑step overview of how these issues are typically handled under Washington law, what remedies the court can order, and practical actions you should take.
1. Confirm where the estate is in the probate process
Whether the estate is open in probate—and whether a personal representative (PR) has been appointed—affects your options. Key Washington probate law is found in Title 11 of the Revised Code of Washington (RCW). See the probate chapters at the Washington legislature site for more detail: RCW chapter 11.28 (probate and appointment of personal representative) and RCW chapter 11.40 (claims against estates).
2. Identify the nature of the unauthorized charge
- Was a bill paid by the PR without authorization or court approval?
- Did a creditor file a claim against the estate for an amount you dispute?
- Did a relative, caregiver, or other person take funds or property without permission (possible conversion or theft)?
Your response differs by type. For example, disputed creditor claims are handled through the estate claims process; misconduct by the PR is addressed by probate motions; theft or conversion may lead to civil suit or criminal referral.
3. Use the estate claims and accounting procedures
Washington law provides procedures for presenting, allowing, and disallowing claims against an estate (RCW chapter 11.40). If a charge was asserted by a creditor, the PR must publish or give notice to creditors and allow claims under the statutory process. See RCW 11.40 for the statutory framework. If a claim is questionable, interested persons can object in court and ask the judge to disallow the claim.
If the PR has already paid money for an unauthorized charge, interested persons (heirs, beneficiaries, or creditors) can ask the court for an accounting and object to the accounting. The court can approve or reject accountings, and it can order a personal representative to repay improper distributions or reimburse the estate.
4. Seek a surcharge or other remedies against a personal representative
If a PR improperly paid estate funds or otherwise breached fiduciary duties, the probate court can order a surcharge (a money judgment against the PR) to make the estate whole. The court may also:
- Require the PR to restore missing funds or property.
- Remove or replace the PR for misconduct or incapacity.
- Require the PR to post bond or account more frequently.
To obtain these remedies you typically file a petition in the probate case explaining the improper charge, attach supporting evidence, and ask the court to order relief.
5. Civil and criminal options when someone outside the PR took estate property
If a family member, caregiver, or third party took estate property without authority, you may have civil claims (conversion, unjust enrichment, or restitution) and can sue that person personally. If the taking looks criminal (theft, financial exploitation of a vulnerable adult), report it to law enforcement and Adult Protective Services—criminal charges can be pursued separately.
6. Practical timing and urgency
Time matters. Probate has deadlines for presenting creditor claims and for objections. Washington statutes set the procedures and timelines for claims and objections; consult RCW chapter 11.40 and the local court’s probate rules. If you suspect unauthorized charges or theft, act quickly to preserve bank records, stop further disbursements (by motion to the court), and protect assets.
7. Evidence the court will expect
Gather documentation to support your position: bank statements, canceled checks, receipts, invoices, emails and texts showing authorization (or lack of it), the estate inventory, and any accountings filed by the PR. Provide a clear timeline showing when funds left the estate and who authorized each payment.
8. When to involve a probate attorney
If the amounts are significant or if the responsible person is the PR, hire a Washington probate attorney. An attorney will:
- Review the court file and accountings.
- Prepare and file petitions (for accounting, surcharge, removal, or to disallow claims).
- Represent you at hearings and, if needed, in civil litigation to recover assets.
Even if you cannot hire an attorney immediately, most courts allow interested persons to file objections and petitions pro se (without an attorney), but having counsel improves chances of an effective remedy.
Statutes and Resources
- Probate and appointment of personal representative: RCW chapter 11.28.
- Claims against estates and the statutory claims process: RCW chapter 11.40.
Read the relevant RCW chapters and your local county court’s probate rules for procedural details and deadlines.
Helpful Hints
- Act quickly. Preserve bank records, canceled checks, and communications as soon as you discover an unauthorized charge.
- Ask the personal representative for the estate inventory and any accountings already filed. The PR has a duty to provide information to interested persons.
- File an objection or petition in the probate case if the PR paid an improper charge. Use the probate court clerk to learn filing requirements and hearing procedures.
- If someone outside the PR took money, consider both civil claims (conversion, restitution) and reporting to law enforcement or Adult Protective Services if elder abuse is suspected.
- Document everything. A clear paper trail makes it far easier to persuade the court to order repayment or removal.
- Understand the remedies: the court can disallow creditor claims, surcharge or remove a PR, and order restitution; criminal prosecution is separate and handled by police/prosecutors.
- Contact a Washington probate attorney early if the sums are large, if the PR resists providing information, or if you need to seek court relief quickly.
If you want, provide more facts (for example: whether probate is open, whether a PR is appointed, the amount involved, and who made the charge). With those details a Washington probate attorney can give targeted next steps.