§4.1 Rights of All Estate Beneficiaries
| Jurisdiction | Washington |
This section discusses an estate beneficiary's rights during administration of the estate.
(1) Right to petition for removal of personal representative
An estate beneficiary has the right to petition for the removal of a personal representative (PR) at any time after appointment. If a personal representative
fails to execute his or her trust faithfully or is subject to removal for any reason specified in RCW 11.28.250..., upon petition of any heir, devisee, [or] legatee ..., such petition being supported by affidavit which makes a prima facie showing of cause for removal or restriction of powers, the court shall cite such personal representative to appear before it, and if, upon hearing of the petition it appears the personal representative has not faithfully discharged said trust or is subject to removal ..., then, in the discretion of the court the powers of the personal representative may be restricted or the personal representative may be removed ....
RCW 11.68.070.
The court may, after notice and hearing, revoke a personal representative's letters testamentary and remove the personal representative if the court believes the personal representative (1) has wasted, embezzled, or mismanaged, or is about to waste or embezzle, the property of the estate; (2) has committed or is about to commit a fraud upon the estate; (3) is incompetent to act; (4) is permanently removed from the state; (5) has wrongfully neglected the estate; (6)
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has neglected to perform any acts as personal representative; or (7) for any other necessary cause or reason. RCW 11.28.250.
It is within the court's discretion to set the manner and service of the notice and the time of hearing. Id. If the court for any such reasons revokes letters, the power and authority of the personal representative shall immediately cease, and the court shall immediately appoint another personal representative. Id.
In addition to the reasons specifically identified in the statute, a conflict of interest may disqualify a person from acting as the personal representative. In re Estate of Jones, 152 Wn.2d 1, 19 & n.14, 93 P.3d 147 (2004). The reasoning is that beneficiaries have a primary right by law to have an estate distributed, and if a particular person serving as a personal representative interferes with this right, he or she should not serve. Id.
Co-personal representatives may both be removed when one has acted improperly, because they are jointly liable for any harm caused to the estate. RCW 11.48.150 ("In an action against several personal representatives, they shall all be considered as one person representing their testator or intestate, and judgment may be given and execution issued against all of them who are defendants in the action.").
(2) Right to an inventory and appraisement, and to a report of affairs
The personal representative of an estate also may be required to provide an...
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