Detailed Answer

Short answer: In Washington, a personal representative (the term Washington law uses instead of “executor”) can be removed by the superior court that appointed them if interested persons show cause — for example, incapacity, misconduct, failure to perform duties, misappropriation of estate assets, conflict of interest, refusal to account, or other grounds that make continuation harmful to the estate.

What is a personal representative and who can ask for removal?

Washington law uses the term personal representative for the person appointed to administer an estate. Interested persons — typically heirs, beneficiaries, devisees, creditors, or co-personal representatives — may petition the superior court for removal. The petition is filed in the county where probate is pending.

Common grounds for removal under Washington law

• Incapacity or unfitness: The PR cannot perform duties because of illness, mental incapacity, or persistent inability to act.
• Misconduct or dishonesty: Misappropriation, theft, concealment of estate property, or other dishonest conduct.
• Neglect or refusal to perform duties: Failing to inventory assets, failing to notify creditors or beneficiaries, or failing to marshal and preserve estate property.
• Conflict of interest: Acting in a way that improperly benefits the PR at the expense of the estate or beneficiaries.
• Failure to give required bond or to account: If the PR was required to give bond and did not, or refuses to file required accountings.
• Gross mismanagement or waste: Selling assets at grossly inadequate prices, incurring unnecessary expenses, or otherwise harming the estate.

How removal proceedings work

Procedurally, removal usually follows these steps:

1. File a petition: An interested person files a petition with the superior court asking to remove the personal representative and naming the factual grounds and requested relief.
2. Notice: The petition and a hearing date must be served on the personal representative and other interested persons so they can respond.
3. Hearing: The court holds a hearing. The petitioner presents evidence supporting removal; the PR may defend their actions.
4. Court decision and orders: If the court finds cause, it may remove the PR in whole or in part, appoint a successor or temporary administrator, order accounting, set bond, or impose surcharge or other remedies.

The superior court has broad equitable authority over probate administration and can fit remedies to the problem. For general provisions governing probate and personal representatives, see Washington’s probate statutes: RCW Title 11 — Probate.

Timing and possible outcomes

Removal may be requested any time during estate administration. Courts can:

• Remove the PR and appoint a successor PR or co-PR.
• Temporarily suspend the PR while an investigation occurs.
• Require the PR to post bond or to provide a detailed accounting.
• Order restitution, surcharge (monetary liability to the estate), or other equitable relief if the PR misused estate assets.

Alternatives to removal

Removal is often costly and adversarial. Before filing a removal petition consider:

• Requesting a formal accounting or inventory from the personal representative.
• Seeking mediation among interested persons.
• Filing limited petitions such as a petition for instructions, petition to compel accounting, or petition for surcharge rather than full removal.

Where to file and what law applies

Removal petitions are filed in the superior court in the county where probate is pending. Washington’s probate statutes and court rules govern the process; see the statewide probate code: RCW Title 11, and the Washington Courts website for forms and self-help materials: Washington Courts.

Practical considerations and evidence you’ll need

Successful petitions are supported by clear, documented evidence. Useful items include:

• Copies of inventories and accountings (or proof the PR never provided them).
• Bank statements, cancelled checks, or transaction records showing missing funds or improper transfers.
• Communications (emails, letters, texts) that show neglect, refusal to cooperate, or improper conduct.
• Affidavits from beneficiaries, witnesses, or professionals (accountants, appraisers) summarizing problems.

How a court decides

The court weighs whether removal is necessary to protect the estate and beneficiaries. The court considers the PR’s conduct, any explanations or corrective steps the PR has taken, the effect of removal on estate administration, and availability of qualified successors. Courts prefer remedies that protect the estate while minimizing disruption, but will remove a PR if their continued service would harm the estate or beneficiaries.

Getting help

Because probate and removal can be procedurally complex, you may want to consult an attorney who handles Washington probate matters. If you cannot afford private counsel, check local court self-help resources or legal aid organizations in your county.

This is general information only and is not legal advice. I am not a lawyer. For advice about your specific situation, contact a licensed Washington attorney.

Helpful Hints

• Gather documentation before filing: inventories, accountings, bank statements, and written communications are critical evidence.
• Request a formal accounting from the personal representative in writing first — courts expect you to try less adversarial remedies when reasonable.
• File in the superior court where the probate is open; the clerk’s office can tell you local filing requirements and whether standard forms exist.
• Consider temporary emergency relief (e.g., temporary suspension or turnover of assets) if you believe estate assets are at immediate risk.
• Keep copies of all communications and filings and send them by methods that provide proof of delivery.
• Talk to an attorney about possible remedies beyond removal, including surcharge, declaratory relief, or contempt for failure to obey court orders.
• Use the Washington statutes and court resources: RCW Title 11 — Probate (https://app.leg.wa.gov/rcw/title/11/) and Washington Courts (https://www.courts.wa.gov/).