Detailed answer — how the process works in Washington

This overview explains the common steps and legal concepts under Washington probate law. It is educational only and not legal advice.

1. Who has priority to be appointed?

Washington law follows a priority list for appointing a personal representative (administrator) when there is no valid will. Generally, the person with the highest priority (surviving spouse, then children, etc.) is entitled to appointment. If you are the sole heir under the intestacy rules, you have strong standing to request appointment. For an overview of Washington probate law, see RCW Title 11: https://app.leg.wa.gov/rcw/title11/.

2. Grounds to ask the court to reconsider or remove the administrator

Common legal grounds include:

• The person who obtained letters had no legal priority or qualification.
• The court issued letters because of a clerical mistake or because an interested person did not receive proper notice.
• The administrator committed fraud, misused estate assets, failed to inventory assets, or otherwise breached fiduciary duties.
• The administrator is incapacitated, incompetent, or unwilling to perform duties.

Washington statutes and case law govern the duties and removal of personal representatives. See, in particular, the administration provisions of Title 11, Chapter 11.28: https://app.leg.wa.gov/rcw/default.aspx?cite=11.28.

3. Typical petitions and remedies to file

Depending on facts, you may file one or more of the following in Superior Court where the estate is pending:

• Petition to revoke or cancel letters of administration — asks the court to cancel the existing letters because they were wrongly issued or procured by fraud.
• Petition for removal of the personal representative — alleges misconduct or incapacity and asks the court to remove the administrator and appoint a successor.
• Petition for appointment — if letters are revoked or the position is vacant, you can petition to be appointed as the personal representative (asking the court to appoint you as successor).
• Emergency relief (temporary restraining order or interim suspension) — if there is an immediate risk of asset dissipation, you can ask the court for temporary measures to freeze estate assets or restrict the administrator’s powers while the dispute is resolved.

4. Evidence you will need

Prepare clear documents and facts to support your petition:

• Death certificate of the decedent.
• Proof of your relationship to the decedent (birth certificate, marriage certificate, family tree) showing you are sole heir.
• Copy of the letters of administration you are challenging (court record).
• Communications or filings showing lack of notice, fraud, or procedural defects (if applicable).
• Documentation of misconduct or asset misuse (bank records, canceled checks, receipts, affidavits from witnesses).
• Any inventories or accountings filed by the administrator — Washington requires inventories/filings; if they haven’t been filed you can ask the court to compel them.

5. Procedure and timeline

1. File your petition in the county Superior Court where the estate is administered. Use the probate case number already assigned if one exists.
2. Serve the petition and any supporting documents on the current administrator and all interested persons (heirs, devisees, creditors) following Washington civil procedure for service.
3. Request a hearing and, if needed, ask for temporary relief to protect assets pending the hearing.
4. At the hearing, present evidence showing why letters should be revoked or why removal is justified, and request appointment of you as successor.
5. If the court revokes the letters or removes the administrator, the court may appoint a successor (often the the person with highest priority unless the court finds cause to appoint someone else).

Timing varies by county and court workload. Act promptly: delays can allow the administrator to complete distributions or diminish estate assets.

6. Possible outcomes

• The court denies relief and leaves the administrator in place.
• The court orders an accounting or other limited relief (turnover of assets, bonding, partial suspension).
• The court revokes the letters and appoints a new personal representative (you) if the court finds you have priority and removal is warranted.
• The court finds civil liability for the administrator and may order restoration of assets or damages for breaches of fiduciary duty.

7. Where to find forms and local guidance

Washington State Courts maintain probate and estate administration forms and general guidance for litigants. Check the official forms page: https://www.courts.wa.gov/forms/?fa=forms.subject&subject=Probate%20and%20Estate%20Administration. Local Superior Court probate departments often publish instructions and local rules — contact the clerk for the county where the case is filed.

8. When you should get a probate attorney

If the administrator resists, has already distributed assets, or has engaged in alleged fraud or theft, the matter can become complex. An attorney experienced in Washington probate can:

• Draft and file the correct petitions and injunction motions.
• Identify the strongest procedural basis for removal or revocation.
• Prepare evidence, handle discovery, and present the case at hearing.
• Seek damages or criminal referrals if applicable.

Important legal references

Washington probate is governed by Title 11 RCW. See the Title 11 overview and the administration chapter for statutory background: https://app.leg.wa.gov/rcw/title11/ and https://app.leg.wa.gov/rcw/default.aspx?cite=11.28. For practical forms and court guidance, see Washington State Courts: https://www.courts.wa.gov/forms/?fa=forms.subject&subject=Probate%20and%20Estate%20Administration.

Helpful Hints

• Act quickly. File motions early to prevent asset dissipation or distributions you can’t undo.
• Get certified copies of the death certificate and any letters of administration from the clerk.
• Gather proof of heirship (birth/marriage records) before filing to show your priority.
• Request an inventory and accounting if the administrator has not filed one. The court can compel production.
• Keep careful records of communications and any suspected misuse of estate assets (bank statements, invoices, receipts).
• Consider asking the court to require bonding of the administrator if there is a risk of loss.
• Use the Washington State Courts forms as a starting point, but tailor filings to the facts; courts expect factual affidavits and exhibits.
• If the administrator has acted criminally (theft, embezzlement), consider contacting law enforcement in addition to filing in probate court.
• Consult a probate attorney if the situation is contested, complex, or involves significant assets — courts give weight to well-supported petitions presented by counsel.

Disclaimer: This article explains general Washington probate procedures for educational purposes only. It is not legal advice, does not create an attorney-client relationship, and does not substitute for advice from a qualified Washington attorney about your specific situation.