Detailed answer — How heirs can respond under Washington law

If a personal representative (often called an administrator) of a Washington estate stops communicating, delays required duties, or refuses to distribute assets, heirs have several court and non‑court options. Washington’s decedents’ estates laws are in RCW Title 11 (Decedents’ Estates). For the law text, see: RCW Title 11.

1. Start with communication and documentation

Begin by sending a clear written request to the personal representative asking for the information or distribution you believe is due. Keep copies of all communications (letters, emails, text messages) and dates. Document attempts to contact the representative and any responses. This record is essential if you later ask the court to intervene.

2. Request an accounting

Heirs are generally entitled to an accounting of estate administration — an itemized report showing assets, receipts, disbursements, expenses, and distributions. If the personal representative has not provided an accounting voluntarily, you can ask the court to order one. A court-ordered accounting will force the representative to produce records for review.

3. Ask the court to compel performance or accounting

If informal requests fail, a beneficiary can file a petition with the probate court asking the court to compel the personal representative to perform duties (for example: to inventory assets, file tax returns, sell property, or distribute funds). The court can issue orders directing the representative to act and can set deadlines.

4. Petition to remove the personal representative

Washington law allows the court to remove a personal representative for cause. Typical grounds include neglect of duties, incompetence, conflict of interest, failure to account, wasting estate assets, or refusal to follow court orders. If removal is granted, the court can appoint a successor representative to complete administration and distribution. The removal petition asks the court to evaluate the representative’s conduct and, when appropriate, to replace them.

5. Seek surcharge, restitution, or damages

If the representative mismanaged assets, made improper distributions, or caused losses through wrongdoing or negligence, the court can assess a surcharge (a monetary charge against the representative) to restore lost estate value. The court can order restitution, and in some cases award costs or attorney fees against the representative.

6. Request temporary or emergency relief

If the representative appears to be dissipating assets, transferring property improperly, or acting in a way that threatens the estate’s assets, heirs can ask the court for temporary emergency relief — for example, to freeze bank accounts, require a bond, or prohibit transfers until the court rules.

7. Use alternative dispute resolution or settlement negotiations

In many cases the parties resolve issues through negotiation or mediation. Mediation can be faster and less costly than contested court proceedings and often preserves family relationships. However, if settlement is not possible or the representative refuses to cooperate, court action remains an option.

8. Consider criminal or civil remedies for theft or fraud

If you have evidence that the personal representative stole estate property, forged documents, or committed clear fraud, you may have grounds for criminal referral to law enforcement as well as civil claims. The probate court’s civil remedies (removal, surcharge, and restitution) are available even when criminal charges are pursued, but criminal prosecution is separate and handled by local authorities.

9. Small estate or summary procedures

Washington has procedures for small estates and simplified probate in certain situations. If the estate qualifies, these procedures can shorten administration and force distribution more quickly. Check with the probate court or review RCW Title 11 to see if your situation qualifies.

How the process typically works in practice

1. Document the problem and request action in writing.
2. If no satisfactory response, consult the probate court or an attorney about filing a petition (for accounting, to compel action, or for removal).
3. The court schedules a hearing where parties present evidence (communications, accounting records, bank records, receipts).
4. The court may order accounting, direct the representative to act, assess a surcharge, remove the representative, appoint a successor, or grant other relief.

Where to find Washington forms and information

Washington Courts offer forms and resources for probate matters. See the Washington Courts forms page: https://www.courts.wa.gov/forms/. For the statutory framework, see RCW Title 11: https://app.leg.wa.gov/rcw/title/11/.

Important practical notes

• Act promptly. Delays can make it harder to undo improper transfers or to get effective relief.
• Gather and preserve evidence: wills, appointment letters, notices from the court, bank records, correspondence, and receipts.
• Cost vs. benefit: court actions can be costly and sometimes take months. Evaluate whether the likely recovery justifies the expense of litigation.
• If multiple heirs disagree about strategy, the court can resolve disputes and determine the proper administration path.

Helpful Hints

• Always make written requests first and keep copies.
• Ask for a full accounting in writing and set a reasonable deadline (for example, 14–30 days).
• Check whether the personal representative posted a bond; bonds can protect the estate if the representative mishandles funds.
• Request an inventory of estate assets if none has been filed with the court.
• If the representative claims there are no funds to distribute, ask for supporting documentation (bank statements, bills, invoices).
• Consider mediation before filing a contested petition — it can save time and money and preserve relationships.
• Consult a probate attorney early for guidance on forms, timelines, and likely court outcomes. Many attorneys offer limited-scope consultations or fee structures tailored to estate disputes.
• If you suspect theft or criminal activity, preserve evidence and consider contacting local law enforcement in addition to seeking civil remedies through probate court.