✓ Verified September 2026
To remove an executor in Washington, you ask the court that appointed the Personal representative (RCW 11.02.005 uses “personal representative” as the umbrella term covering an executor named in a will, an administrator of an intestate estate, and a special or successor administrator; letters issued are “letters testamentary” or “letters of administration” under Chapter 11.28 RCW) to take the job away,
and the court will do it only on a ground the statute recognizes.
This guide gives the Washington answer in plain English: the grounds, who has standing, what the filing is called, what the court can do the same day to protect the estate, and what happens after. All facts are from Washington law, verified as of September 2026.
In This Washington Guide:
Remove an Executor in Washington: At a Glance
Here are the Washington facts that decide most requests to remove an executor in Washington:
| What Washington calls the role | Personal representative (RCW 11.02.005 uses “personal representative” as the umbrella term covering an executor named in a will, an administrator of an intestate estate, and a special or successor administrator; letters issued are “letters testamentary” or “letters of administration” under Chapter 11.28 RCW) |
| Removal statute | Wash. Rev. Code 11.28.250 (Revocation of letters — Causes), with procedure at RCW 11.28.260 (Revocation of letters — Proceedings in court or chambers); for a personal representative holding nonintervention powers, RCW 11.68.070 (Procedure when personal representative recreant to trust or subject to removal); brought as a judicial proceeding under the Trust and Estate Dispute Resolution Act, Chapter 11.96A RCW (RCW 11.96A.080, .090, .100) |
| Who can ask for removal | RCW 11.68.070 gives standing to any unpaid creditor of the estate who has filed a claim, any heir, devisee, or legatee, or any person acting on behalf of an incompetent heir, devisee, or legatee. Under TEDRA (RCW 11.96A.030, .080) any “party” or person interested in the estate — including beneficiaries, heirs, creditors, co-personal representatives, guardians, and the attorney general where a charitable interest is involved — may petition. RCW 11.28.250 is also written so the court may act “whenever the court has reason to believe,” which Washington courts read as permitting the court to raise removal on its own motion after notice and hearing. |
| What the filing is called | A “Petition for Removal of Personal Representative” (often styled “Petition to Revoke Letters Testamentary/of Administration,” or under RCW 11.68.070 a “Petition to Restrict Powers and/or Remove Personal Representative”), filed under the existing probate cause number in the Superior Court of the county where the estate is being administered. When brought under TEDRA it is filed as a verified petition accompanied by a TEDRA summons (RCW 11.96A.100). The petition must be verified or supported by affidavit making a prima facie showing of cause (RCW 11.68.070). |
| Court | The Washington Superior Court for the county where the probate is pending — Washington has no separate surrogate’s or probate court; superior courts have exclusive original jurisdiction over probate and trust matters under Wash. Const. art. IV, § 6 and RCW 11.96A.040. Larger counties (e.g., King County) run a designated Ex Parte and Probate Department under local rules such as King County LCR 98.14. |
| Typical time to a decision | UNVERIFIED for a statewide typical filing-to-decision figure — no Washington court publishes one. The statutory floor is set by RCW 11.96A.100: the hearing may not be held sooner than 20 days after the TEDRA petition and summons are served and filed, and local rules add their own notice period (King County LCR 98.14 requires the hearing be noted at least 14 days in advance and at least 20 days after service and filing). Contested removals that go to an evidentiary hearing or trial take substantially longer. Check with your county superior court clerk or a licensed Washington attorney for local scheduling. |
| Filing fee | 20 (RCW 36.18.020 fee for filing a TEDRA summons and petition in an existing probate cause; county clerk fee schedules such as King County’s list “TEDRA Summons and Petition — 20.00”). If the removal request must be opened as a new cause rather than filed in an existing probate, RCW 36.18.020(2) sets the probate case filing fee at 200. County clerks may add surcharges, so confirm the current amount with the county clerk where the estate is pending. |
When a Court Will Let You Remove an Executor in Washington
An executor who is slow, unfriendly, or making decisions you disagree with is not, by itself, removable.
Courts appoint a Personal representative (RCW 11.02.005 uses “personal representative” as the umbrella term covering an executor named in a will, an administrator of an intestate estate, and a special or successor administrator; letters issued are “letters testamentary” or “letters of administration” under Chapter 11.28 RCW) to carry out the will, and they protect that appointment.
What changes the picture is a breach of duty: money missing or mixed with the executor’s own, an inventory or accounting that was never filed, a sale to a relative below value, a refusal to communicate with beneficiaries for months, a conflict of interest, or a conviction or incapacity that makes the job impossible.
Every state’s statute lists the grounds, and the request to remove an executor in Washington succeeds when the facts fit one of them.
Grounds to Remove an Executor in Washington
Under RCW 11.28.250 the court may revoke letters whenever it has reason to believe the personal representative (1) has wasted, embezzled, or mismanaged, or is about to waste or embezzle, estate property; (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) has neglected to perform any acts as personal representative; or (7) for any other cause or reason which to the court appears necessary.
RCW 11.68.070 adds the separate ground that the personal representative “has not faithfully discharged” the trust or is otherwise subject to removal under RCW 11.28.250. Washington case law (In re Estate of Jones, 152 Wn.2d 1 (2004)) requires that the grounds be supported in the record and that the conduct has damaged or is about to damage interested parties.
The Steps to Remove an Executor in Washington
Step one is to confirm you have standing — RCW 11.68.070 gives standing to any unpaid creditor of the estate who has filed a claim, any heir, devisee, or legatee, or any person acting on behalf of an incompetent heir, devisee, or legatee.
Under TEDRA (RCW 11.96A.030, .080) any “party” or person interested in the estate — including beneficiaries, heirs, creditors, co-personal representatives, guardians, and the attorney general where a charitable interest is involved — may petition. RCW 11.28.250 is also written so the court may act “whenever the court has reason to believe,” which Washington courts read as permitting the court to raise removal on its own motion after notice and hearing..
Step two is the paper trail: write to the Personal representative (RCW 11.02.005 uses “personal representative” as the umbrella term covering an executor named in a will, an administrator of an intestate estate, and a special or successor administrator; letters issued are “letters testamentary” or “letters of administration” under Chapter 11.28 RCW) asking for the inventory, the accounting, and an explanation, and keep the letter.
Step three is the filing — A “Petition for Removal of Personal Representative” (often styled “Petition to Revoke Letters Testamentary/of Administration,” or under RCW 11.68.070 a “Petition to Restrict Powers and/or Remove Personal Representative”), filed under the existing probate cause number in the Superior Court of the county where the estate is being administered.
When brought under TEDRA it is filed as a verified petition accompanied by a TEDRA summons (RCW 11.96A.100). The petition must be verified or supported by affidavit making a prima facie showing of cause (RCW 11.68.070). — with the ground stated and the documents attached.
Step four is the hearing, where the Personal representative (RCW 11.02.005 uses “personal representative” as the umbrella term covering an executor named in a will, an administrator of an intestate estate, and a special or successor administrator; letters issued are “letters testamentary” or “letters of administration” under Chapter 11.28 RCW) answers and the court decides.
Many courts let you ask for interim protection in the same filing, which is the part families miss.
Protecting the Estate While the Court Decides
Under RCW 11.68.070 the court may, in its discretion, restrict the powers of the personal representative — endorsing the words “powers restricted” and the date on the original order granting nonintervention powers and on the letters testamentary or of administration — and may direct the personal representative to take or refrain from specific action.
Under RCW 11.28.185 the court may at any time after appointment require a bond or additional bond, or substitute other security or financial arrangements it deems adequate to protect estate assets. Under RCW 11.32.010 the judge may appoint a special administrator (who may not be one of the parties) to collect and preserve estate assets where granting or regranting letters is delayed by litigation or any other cause.
TEDRA (RCW 11.96A.060) gives the superior court full equitable powers, which courts use to enter temporary restraining orders and injunctions freezing estate accounts or transfers pending hearing.
What Happens After Removal
RCW 11.28.250 directs that when letters are revoked the personal representative’s powers cease at once and it is the court’s duty to immediately appoint another personal representative.
RCW 11.28.280 provides that letters over the estate remaining unadministered are granted to those to whom letters would have been granted had the original letters never issued, or had the original appointee renounced — meaning any alternate or successor executor named in a duly probated will controls first, then the intestate statutory priority in RCW 11.28.120 (surviving spouse or state registered domestic partner, then next of kin, then creditors,
then any suitable qualified person), unless the decedent provided otherwise in a duly probated will or the court orders otherwise.
Nonintervention powers do not carry over: a successor must petition for them separately under Chapter 11.68 RCW (RCW 11.28.280).
Repaying losses: Yes.
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RCW 11.68.070 expressly lists surcharge among the available remedies, providing that the remedy “may include, but is not limited to, awarding money damages, surcharging the personal representative, directing the personal representative to take a specific action, restricting the powers of the personal representative, removing the personal representative and appointing a successor,
and awarding fees and costs.” A personal representative is a fiduciary chargeable with the estate under RCW 11.48.010 (duty to settle the estate, including administration on the decedent’s community property, as rapidly and as quickly as possible without sacrifice to the estate) and RCW 11.48.020 (liable for waste or mismanagement).
Under RCW 11.96A.150 the court has discretion to award costs and reasonable attorneys’ fees against any party, including from the personal representative’s own funds. Bond proceeds may be reached under Chapter 11.28 RCW where a bond was required.
Other Washington rules: Washington is a nonintervention-powers state, and this shapes removal more than in most states.
Under RCW 11.68.011 a solvent estate’s personal representative is routinely granted nonintervention powers, which means the estate is administered with almost no court supervision and there are no automatic inventory or annual accounting filings for beneficiaries to police — so RCW 11.68.070 exists precisely as the mechanism for an heir, devisee, legatee, or claim-filing creditor to bring an unsupervised personal representative back under court control.
The petition must be verified or supported by affidavit making a prima facie showing of cause. The court’s middle remedy is distinctively Washington: rather than removing outright, it may restrict powers and physically endorse “powers restricted” plus the date on the original nonintervention order and on the letters. Nonintervention powers attach to the individual, not the estate, so a successor must petition for them anew (RCW 11.28.280).
In a supervised administration, RCW 11.76.010 requires the personal representative to file a final report and petition for distribution, and the court may cite the personal representative to file an accounting; failure to do so is “neglect to perform any acts as such personal representative” under RCW 11.28.250.
Bond is frequently waived by the will or by RCW 11.28.185 for a sole beneficiary spouse, but the court may impose one at any time.
RCW 11.28.260 allows revocation proceedings to be heard in court or in chambers, and RCW 11.28.250 leaves the manner and timing of notice “wholly in the discretion of the court.” Most removal petitions are also framed under TEDRA (Chapter 11.96A RCW), which requires a summons, sets the 20-day minimum before hearing (RCW 11.96A.100), mandates that any party may compel mediation or arbitration (RCW 11.96A.260–.320),
and permits fee awards under RCW 11.96A.150.
Counties add local rules — King County LCR 98.14 governs TEDRA and requires the note for hearing at least 14 days in advance and at least 20 days after service and filing.
What It Costs and How Long It Takes
The court filing fee to remove an executor in Washington is small; the real cost is the hearing.
If the Personal representative (RCW 11.02.005 uses “personal representative” as the umbrella term covering an executor named in a will, an administrator of an intestate estate, and a special or successor administrator; letters issued are “letters testamentary” or “letters of administration” under Chapter 11.28 RCW) contests the motion, both sides usually retain counsel, and a contested removal can run several months and several thousand dollars in fees,
which the court may or may not order the estate to pay.
Uncontested removals — a fiduciary who has stopped responding or has moved away — are faster and cheaper, and courts grant them routinely when the missed filings are on the record.
Two facts decide the economics. First, the estate’s size: a removal fight over a small estate can consume what is left, so beneficiaries of small estates often ask the court to compel the accounting and set deadlines instead of removing the fiduciary outright. Second, the evidence: a missing inventory is proved with a docket printout, while suspected self-dealing needs bank records and sometimes an appraisal.
The stronger the paper, the shorter the case.
Ask the court clerk what the Personal representative (RCW 11.02.005 uses “personal representative” as the umbrella term covering an executor named in a will, an administrator of an intestate estate, and a special or successor administrator; letters issued are “letters testamentary” or “letters of administration” under Chapter 11.28 RCW) has actually filed before deciding which path to take,
and get the docket printout in writing — it is the exhibit every remove an executor in Washington motion starts with.
What to Expect When You Remove an Executor in Washington
A request to remove an executor in Washington is a contested proceeding inside the probate case, not a separate lawsuit. The court will want the ground stated plainly, the documents that prove it, and a proposed replacement. Hearings are usually short; the decision turns on whether the executor breached a duty, not on whether the family gets along.
Two things surprise people. The first is that the court can act before the hearing — a bond, a freeze on the estate account, or a special administrator — if the estate is at risk. The second is that the estate keeps running while the motion to remove an executor in Washington is pending: creditor deadlines, tax filings, and property upkeep do not pause.
Ask the court to address both in the same filing.
You don’t have to do this alone
If you are settling a loved one’s estate in Washington, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.
Key Takeaways: Remove an Executor in Washington
- Grounds, not grievances: the court needs a statutory ground to remove an executor in Washington; a slow executor is not automatically a removable one.
- Standing matters: only an interested person can move to remove an executor in Washington, so confirm your status before filing.
- Ask for interim protection: a bond, a freeze, or a special administrator can be requested the day you file to remove an executor in Washington.
- Missed filings are the easiest case: a fiduciary who never filed the inventory or accounting has handed you the ground to remove an executor in Washington.
- Removal is not the end: after you remove an executor in Washington, the court can also order the removed fiduciary to repay losses.
- Deadlines keep running: creditor and tax clocks do not pause while a motion to remove an executor in Washington is pending.
- Write first, file second: a dated demand letter is the exhibit that makes a motion to remove an executor in Washington credible.
- The docket is your proof: a clerk’s printout showing what was never filed is often enough to remove an executor in Washington.
- Self-dealing needs numbers: to remove an executor in Washington for a below-value sale, bring the appraisal or the listing history.
- Name the replacement: courts move faster on a motion to remove an executor in Washington that proposes who takes over.
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Official Washington Sources & Resources
- Washington Probate Court: https://www.courts.wa.gov/forms/
- Washington Removal Statute: https://app.leg.wa.gov/rcw/default.aspx?cite=11.28.250
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This Washington guide was last verified against official sources in September 2026. Laws change — verify with your state court or a licensed attorney.
More Washington Estate Guides
- Contest a Will in Washington
- Washington Probate Process
- Dying Without a Will in Washington
- What to Do When an Executor Is Not Doing Their Job
- All State Guides
Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.