Short answer: Yes. If the person your parent named as the personal representative (executor) declines or refuses to serve, Washington law allows the court to appoint another qualified person. That person can be an alternate named in the will, a surviving spouse, an adult child, a parent, a sibling, or another heir or interested person, following the statutory priority and the court’s discretion. The usual path is to file a petition for probate in the Superior Court where your parent lived and ask the court to issue letters testamentary or letters of administration to you.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a Washington licensed attorney or the Superior Court clerk’s office.

Detailed answer — how the appointment process works in Washington

Washington’s probate statutes set who may be appointed as a personal representative and the order of priority when the will’s nominated person does not serve. The practical steps and key legal points are:

1. Check the will for alternates and any bond waiver

   Many wills name a first choice and one or more alternate personal representatives. If an alternate is named and is willing to serve, the court generally will appoint that person. Also check whether the will waives the requirement for a bond (surety). A will may direct the court to waive bond for the nominated representative; that can simplify the appointment process if the court approves. See RCW Chapter 11.28 for rules about who may be appointed and RCW Chapter 11.36 for duties and bonds related to personal representatives: https://app.leg.wa.gov/rcw/default.aspx?cite=11.28 and https://app.leg.wa.gov/rcw/default.aspx?cite=11.36.

2. If the named person refuses, an interested person files a probate petition

   Anyone with an interest in the estate (heir, beneficiary, creditor, or other interested person) can petition the Superior Court in the county where your parent lived to admit the will to probate and to appoint a personal representative. If the will nominee refuses, the petitioner can ask the court to appoint a different person. The court will follow statutory priorities and consider fitness to serve. Basic probate filing requirements and forms can be obtained from the local Superior Court clerk or from the Washington Courts website: https://www.courts.wa.gov/forms/.

3. Statutory priority if the will does not name a willing personal representative

   When the nominated person will not serve and the will names no alternate or the alternate is unavailable, Washington law provides a priority list the court follows in appointing a representative. Priority generally includes the surviving spouse, adult children, parents, siblings, next of kin, creditors in some circumstances, or another interested person. The court may appoint the person it finds suitable under the statute. See RCW Chapter 11.28 for details: https://app.leg.wa.gov/rcw/default.aspx?cite=11.28.

4. What the petition needs and what to expect

   Typical documents required when you petition the court include the original will (if there is one), the certified death certificate, the petition to admit the will and for appointment, a proposed form of letters (testamentary or of administration), and a list of heirs and beneficiaries. The court will set a hearing or admit the will and appoint a representative if there are no issues. If someone objects, the court will consider the objection before appointing a personal representative.

5. Bonds, qualifications, and objections

   The court may require a bond (a surety to protect the estate) unless the will waives bond or the court otherwise excuses it. The court also checks that the appointed person is legally qualified (generally an adult not convicted of certain crimes) and fit to serve. Interested parties can object to an appointment on grounds such as lack of fitness, conflict of interest, or evidence of undue influence. The court resolves disputes at hearings.

6. Alternatives to full probate

   If the estate is small, Washington has simplified or expedited procedures (small estate processes, summary administration, or transfer-by-affidavit for some personal property). These options avoid full probate in some cases but have limits on the value and types of property that can pass without formal probate. Check local court rules or speak to an attorney to see if you qualify.

The relevant statutes are in Title 11 of the Revised Code of Washington; key chapters include the appointment and priority rules and the duties and powers of personal representatives. See RCW Chapter 11.28 (personal representative appointment rules) and RCW Chapter 11.36 (powers and duties of personal representatives):
RCW 11.28 and RCW 11.36.

Practical steps you can take right now

1. Locate the original will and read it carefully for alternates and bond waivers.
2. Ask the sibling politely in writing whether they will accept the appointment. A written renunciation or refusal can simplify the court process.
3. Contact the Superior Court clerk in the county where your parent lived to request probate forms and filing instructions.
4. Gather needed documents: certified death certificate, original will, list of heirs, and property information.
5. Consider whether a small-estate procedure might apply (ask the clerk or an attorney).
6. If you plan to petition the court, consider consulting a probate attorney to help with required paperwork and to represent you at any hearings or contested matters.

Helpful hints

• Get the original will — courts commonly require the original document for probate.
• Encourage an upfront, written renunciation from the sibling if they truly refuse; that can avoid delay.
• If you are named as an alternate in the will, point that out to the court and include it in your petition.
• Check whether the will waives bond; if it does, bring that language to the court’s attention to avoid the cost of a bond.
• Be prepared to act as a fiduciary: you’ll be responsible for inventorying assets, paying debts and taxes, and distributing property according to the will or law.
• If another family member objects to your appointment, calmly gather documents that show your qualifications and willingness to act, and consult counsel early.
• Use court resources: county Superior Court clerks can explain filing procedures and provide local forms and fee schedules.