probate law
Tacoma Probate Lawyers
After a person in Tacoma passes away, probate is the legal process to properly distribute the assets of an estate (the entity that owns them after a person passes away). There are many steps of the probate process, and probate can be complicated if anyone raises legal disputes in regard to the will of the deceased person.


Who May Serve as the Personal Representative?
The appointment of a personal representative (the “executor/executrix”) is an important first step in the probate process. This individual, commonly working with a probate law attorney, has significant influence and authority over the decedent’s estate. They’re entrusted to act on behalf of a deceased individual, ostensibly for the benefit of creditors and third-party heirs (often the decedent’s children and family members). Courts expect the job will be done effectively and in good faith.
Naming someone as the executor of the estate doesn’t always mean that he or she will serve as personal representative. For instance, the named person may die before the decedent, or may decide not to get involved.
Who Cannot Serve as a Personal Representative?
There are two general disqualifications: “inherent” and “innocent.”
Inherent Disqualification
There are many individuals and other legal entities who can’t legally serve as a personal representative, according to RCW 11.36.010:
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Corporations: A company cannot serve as a personal representative, except companies designed for such responsibilities. Trust companies, national banks, and professional service corporations (e., law firms) can serve as personal representatives.
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Minors: An individual who has not reached the age of majority (over 18 years old).
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Persons lacking legal capacity (of unsound mind): This may be the result of advanced age or physical or mental illness.
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Felons: Someone convicted of a felony in the past, or while acting as a personal representative, is disqualified from the role.
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Misdemeanants of crimes of “moral turpitude”: These are crimes related to a breach of an affirmative, fiduciary obligation and connected to dishonesty. Though it may not carry the same possible sentence as a felony, the crime may show that someone shouldn’t be trusted with access and control over an individual’s estate.
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Nonresidents of the state who do not have a qualified resident agent.
In addition, under RCW 11.28.160, a superior court judge can remove and replace any personal representative “for any cause deemed sufficient.” Some examples are:
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A personal representative was disqualified when it was found that he fraudulently removed a decedent’s will from a safe deposit box with the intent to hide its contents.
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A family member was disqualified due to his problems with creditors. This person had a long history of hiding property to avoid creditors.
Innocent Disqualification
There are also “innocent” disqualifications, which are:
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Serious illness or death
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Resignation
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If the estate started without a will but it’s later found, the estate’s administrator may be removed.
Removal of a Personal Representative During Probate Due to Conduct During Their Handling of the Estate
The person can be removed from the role during the probate process because they failed to execute the trust faithfully and breached their fiduciary duty to the estate. RCW 11.28.250 lists reasons why a personal representative may be removed:
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Waste, embezzlement, or mismanagement of the estate, or any situation suggesting that any of that is about to occur
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Fraud upon the estate
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Incompetency
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Permanent removal from Washington
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Neglecting the estate
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Any other just cause.
To qualify for removal, the personal representative must be more than simply annoying, slow, or inefficient. A probate attorney seeking the personal representative’s removal would have to show actual damage (or that it was about happen) to the parties interested in the estate.
Often, family members may be personal representatives; and there may have been disagreements or dislike prior to the decedent’s death that worsened afterwards. This won’t be enough to justify the formal removal of the personal representative. One must show that the individual did something to harm the estate and the heirs.
“Any other just cause” can include signs of dishonesty or hiding information when dealing with estate assets. If an estate asset is intentionally kept off the estate’s formal inventory, it won’t be used to pay creditors or be distributed to beneficiaries. This raises the possibility that the personal representative may plan on stealing it for their own use. Talk to our probate lawyer in Tacoma if you have concerns about a personal representative who will handle, or is handling, probate for an estate.