Serving as a personal representative in Washington is one of the most important responsibilities a person can take on after someone passes away. Families often ask what authority they have, what tasks are required, and what risks they face. Without clear guidance, even well-intentioned decisions can create conflicts, delays, or personal liability under Washington law.
This page explains the role of the personal representative, what powers the position includes, and how fiduciary duties work during probate. In Washington State, the personal representative is the person legally responsible for managing the estate during probate. This role is called an executor in many other states, but the terms refer to the same position and the same responsibilities. Washington State gives personal representatives significant authority, especially when nonintervention powers are granted. That authority comes with legal obligations to act carefully, communicate properly, protect estate assets, and follow the correct procedures.
Pacific Northwest Family Law helps personal representatives meet their obligations, avoid risks, and complete probate efficiently. You do not have to manage this alone. With the right support, the probate process becomes clear and manageable from the first day to the final distribution.
➡ For more general information about the probate process, see our page Probate in Washington State
Myths and Misconceptions About Personal Representatives in Washington
Myth: “The personal representative can do whatever they want.”
Personal representatives must follow the fiduciary duties in RCW 11.48.010 and may be personally liable if they act improperly.
Myth: “Any family member can serve as personal representative.”
Washington requires the representative to be legally qualified, and RCW 11.36.010 bars certain individuals from serving.
Myth: “You are not responsible for mistakes if you did not know the rules.”
Washington law holds personal representatives to a reasonable standard of care regardless of experience.
Myth: “The personal representative must get court approval for everything.”
Most representatives with nonintervention powers can act without court involvement unless disputes arise under RCW 11.68.011.
Myth: “If everyone agrees, fiduciary duties do not matter.”
Agreement does not eliminate legal obligations or protect the personal representative from liability for improper distributions.
Authority of the Personal Representative
What authority does a personal representative have in Washington?
A personal representative has legal authority to collect assets, manage property, and pay debts under RCW 11.48.010. They may sell property, access accounts, and handle tax matters as needed. Their authority begins when the court issues letters testamentary or letters of administration.
What are nonintervention powers?
Nonintervention powers allow the personal representative to act without court supervision when granted under RCW 11.68.011. These powers can significantly speed up probate administration. They are common when the estate is solvent and uncontested.
Can a personal representative be removed?
Yes. Courts may remove a representative for failing to perform duties, mismanaging assets, or acting against the estate’s best interests under RCW 11.28.250. Heirs may petition the court if serious concerns arise.
What if there is more than one personal representative?
Co-personal representatives must work together and are jointly responsible for fiduciary duties. Disagreements can slow administration and may require court intervention or TEDRA procedures. Families often prefer a single representative to avoid conflict.
➡ To learn more about how conflicts are handled during probate, see our page Contested Wills, Estate Disputes and TEDRA Litigation
Fiduciary Duties and Responsibilities
What is a fiduciary duty in probate?
A fiduciary duty requires the representative to act in the best interests of the estate and its beneficiaries. This includes honesty, fairness, and careful management of assets. Breaching these duties can result in personal liability.
What records must a personal representative keep?
They must keep detailed records of receipts, expenses, account activity, and property valuations. Proper documentation is essential for the final accounting under RCW 11.76.010. Good records also prevent disputes and protect the representative.
Does the personal representative have to communicate with heirs?
Yes. They must provide certain notices under RCW 11.28.237 and maintain reasonable communication throughout the process. Clear updates reduce conflict and build trust.
What happens if a representative violates fiduciary duties?
Violations can lead to removal, surcharge, or court-ordered reimbursement. Serious breaches may involve TEDRA litigation. Improper actions can delay probate and harm beneficiaries.
Can the personal representative be held personally liable?
Yes. Representatives may be personally liable for distributing too early, ignoring creditor claims, or mismanaging assets under RCW 11.40.100. Liability often arises from mistakes rather than intentional misconduct.
Managing Estate Assets
What must the personal representative do with the decedent’s home?
They must secure the property, maintain utilities, and ensure insurance remains active. Decisions about selling or transferring the home depend on the estate’s needs and the will’s instructions. Authority to handle real property comes from RCW 11.48.060.
How does the representative handle bank accounts?
Bank accounts must be collected, inventoried, and managed according to estate needs. Accounts should be transferred into an estate account once letters are issued. The representative must never mix estate funds with personal funds.
What if the estate includes a business?
A representative may need to manage, sell, or wind down the business to protect value. This requires careful recordkeeping and often professional guidance. Business-related estates may involve added legal duties.
➡ See [Probate with Family Businesses, Farms and Professional Practices]
What if assets are missing or someone else is taking them?
The representative has authority under RCW 11.48.020 to recover estate assets. Courts can intervene quickly if property is being taken or misused. Early legal action can prevent permanent loss.
➡ See [Emergency Probate and Immediate Actions]
Creditor Management and Legal Deadlines
What must the representative do about debts?
They must publish notice to creditors under RCW 11.40.020 and review all claims. Proper notice starts the four-month limitation period for filing claims. This step protects the estate and personal representative.
Can the representative reject creditor claims?
Yes. They can reject improper or inflated claims under RCW 11.40.080. Rejected creditors must act within strict deadlines if they want to contest the rejection.
What if the estate cannot pay all debts?
Insolvent estates require careful application of the priority rules in RCW 11.76.110. Improper payments can create personal liability for the representative. Professional advice is essential in these situations.
➡ For more infomation about debts and creditors, see our page Creditor Claims, Debts and Final Expenses
Distributions and Closing the Estate
When can the personal representative distribute assets?
Assets can be distributed after debts, taxes, and expenses are confirmed and the estate is determined to be solvent. Distributing too early risks personal liability under RCW 11.40.100. The representative must proceed cautiously.
How does the representative close the estate?
They must prepare a final accounting under RCW 11.76.040 and obtain approval from beneficiaries or the court. Once approved, final distributions are made and probate is closed. Proper closing documents protect the representative and heirs.
What if beneficiaries disagree with the accounting?
Disputes can be resolved through negotiation or TEDRA procedures. Courts may intervene if agreement cannot be reached. Clear records and communication help prevent these conflicts.
How Pacific Northwest Family Law Helps
Serving as a personal representative is an important responsibility that requires careful attention to Washington law. We guide personal representatives through every step, from securing property and managing assets to handling creditors, communicating with heirs, and closing the estate properly. Our attorneys help you meet your duties confidently and avoid the mistakes that create delays or personal liability.
We also assist when disputes arise, when co-representatives cannot work together, or when beneficiaries question decisions. Whether your estate is simple or complex, our firm provides the structure and legal support that make probate manageable. You do not need to carry this responsibility alone.
Reviewed by Attorney Zachary C Ashby, Pacific Northwest Family Law, December 2025.