Being named the executor of an estate can be a major undertaking. Executors have a responsibility to the estate, to heirs, and to beneficiaries to manage the estate responsibly. In Washington state, an executor is also known as a personal representative and is tasked with handling a deceased person’s financial affairs, including settling debts, paying taxes and ensuring that assets and property are distributed according to the instructions provided in a will (or as provided for under Washington law, if there is no will).
Depending on the value of the estate, and the specific circumstances of the estate, the personal representative may also be responsible for submitting the Last Will and Testament to the court for probate, overseeing the probate process, and handling any disputes or estate litigation that may arise.
Any person over 18 years of age can serve as a personal representative if he or she is of “sound mind,” and has not been convicted of “any felony or any crime involving moral turpitude” (RCW 11.36.010 is the Washington state law that specifies which parties are disqualified from becoming personal executives of an estate). A personal representative can be a trusted son or daughter, another trusted family member, friend, or legal professional.
While many individuals appoint close family members like their children or spouses to administer their estate, others might not want to burden their family members with the task. The last thing your loved ones might want to do while grieving and planning a funeral is navigating the legal processes of probate or bearing the fiduciary duty of managing an estate. This is why some individuals, when they write their Last Will and Testament or establish a trust, appoint a lawyer to serve as their personal representative (or executor). Under RCW 11.36.010, individuals can appoint attorneys to serve as their personal representatives.
Hiring an attorney to serve as your personal representative can alleviate the burden already placed on your family members after you pass away. An attorney appointed to be a personal representative can handle some of the more complicated legal aspects of probate. By hiring an attorney to serve as your personal representative, you can relieve your loved ones of stressful burdens and have the peace of mind that your estate will be managed by someone versed in the law and able to protect assets from creditors, and any estate litigation that could arise.
If there is no Last Will and Testament, the court will still appoint a personal representative to manage an estate, and the estate’s assets will be distributed according to intestate laws (that is, laws that name a standard order of succession for the distribution of assets, with a spouse and the deceased person’s children getting priority, followed by more distant family members). If the named personal representative doesn’t want to perform his or her duties or is unable to perform the duties (either because of disqualification or lack of desire), then the court can appoint another person to be the personal representative of the estate. Under Washington law (RCW 11.28.120), the court will look first to the surviving spouse or domestic partner, then to surviving children, before looking for distant family members, trustees, beneficiaries, or creditors to serve the duty.
If you’re in the process of writing your Last Will and Testament, you might want to consider the benefits of appointing an attorney to serve as your estate’s executor or personal representative. And if you’ve been appointed to serve as a personal representative for a loved one’s estate, you can always hire an attorney to assist you with fulfilling your legal obligations as an executor. You may even be able to receive reasonable funds from the estate to pay for these legal fees.
The estate planning lawyers at Truce Law in the state of Washington help clients with estate planning, and help clients navigate the probate process. If you are thinking about who to appoint as your personal representative, the estate planning lawyers at Truce Law can help. And if you’ve been named the personal representative to a loved one’s estate (or are considering taking on the role), the Washington state probate lawyers at Truce Law can help you every step of the way.
Now, let’s dive into the many tasks that a personal representative in the state of Washington is required to perform:
- Understanding Your Fiduciary Duty as Personal Representative
- Payment of Personal Representatives
- Making Funeral Arrangements or Overseeing Funeral Arrangements
- Locating the Will and Other Important Documents
- Opening Probate Proceedings
- Identifying and Notifying Beneficiaries
- Identifying and Appraising Assets
- Identifying and Notifying Creditors
- Paying Debts and Liabilities, Including Taxes
Understanding Your Fiduciary Duty as Personal Representative
Serving as a personal representative of a loved one’s estate is a serious responsibility. A personal representative in Washington state has a duty to the estate’s beneficiaries to act in their best interests (and to act in the best interests of the estate). This is also known as a fiduciary duty. This means that a personal representative can face financial and legal consequences if they fail to manage an estate in a proper or timely manner.
Under RCW 11.48.010, the personal representative must “settle the estate… as rapidly and as quickly as possible” while collecting “all debts due” and paying all debts owed. If the estate doesn’t have to go to probate, the process can sometimes happen rapidly, but if the will is contested or there is litigation during probate, the process can take months or even years.
Under Washington law (RCW 11.48.020), until the estate is distributed to beneficiaries, the personal representative will receive all assets and property of the deceased person, including receiving “rents and profits,” and has a responsibility to maintain all real property in repair until the estate is settled. This means that a personal representative might have to oversee the estate’s financial affairs, including making mortgage payments, utility payments, rental payments, credit card payments, insurance payments, and property tax payments from the estate until the estate is distributed to beneficiaries. The personal representative may also oversee a considerable portfolio of investments.
The personal representative may have to put jewelry and other valuable property in a secure place or ensure that the deceased person’s home is secure and locked. If the person who passed away had pets, the executor may need to care for them or arrange for their care. The executor may also need to manage the deceased person’s email accounts and other online accounts, especially if they have value.
Furthermore, unless the Last Will and Testament specifies otherwise, the personal representative might be put in charge of “continuing any business” of the person who passed away. This means that a personal representative could potentially suddenly find him or herself in charge of temporarily managing the business owned by the person who passed away.
If the estate is complicated, the personal representative may need to carefully document all actions taken before the estate is distributed to beneficiaries. During this time, beneficiaries can also question the executor’s actions. Ultimately the executor must act in the best interests of the estate and not in their own interests. If the estate is especially complex, the personal representative might want to hire experts, professionals, or an estate lawyer to assist them with managing the estate before probate is formally closed.
Payment of Personal Representatives
In most cases, when the personal representative is a family member, and the estate is simple or doesn’t need to go through probate, the personal representative isn’t paid, and family members don’t seek payments from the estate for their services. But, if the estate is complicated, must go through the probate process, or if the services of lawyers, appraisers, accountants, and other professionals are required, then the law does allow the personal representative to seek reasonable compensation from the estate for the “care, management, and settlement of the estate” under Washington law (RCW 11.48.050).
Making Funeral Arrangements or Overseeing Funeral Arrangements
Under Washington state law, a body must be embalmed or refrigerated until burial or cremation. The personal representative is generally responsible for making funeral arrangements, or if the family has been tasked with making funeral arrangements, the personal representative may be in charge or ensuring that the arrangements are made as instructed in the will.
Locating the Will and Other Important Documents
One of the first tasks of a personal representative is to locate the deceased person’s Last Will and Testament and to receive the death certificate (the death certificate can be ordered from the funeral director, or from the Washington State Department of Health). These documents will be needed to open probate with the court or may be requested before the personal representative can take control of bank accounts, or other property. According to the Alliance for Equal Justice, you may need a “certified copy of the death certificate for each major asset, such as cars, land, or bank accounts for which you will need to transfer ownership.”
The location of a loved one’s Last Will and Testament isn’t always obvious. If you plan to appoint a family member to serve as your personal representative, it is important to let them know where you plan to keep your will and other important documents. If you know you will be tasked to serve as a loved one’s personal representative, you might want to ask your loved one where they keep their will and other important information.
Opening Probate Proceedings
If you are the personal representative of an estate, you will be tasked with submitting the Last Will and Testament to the court to open probate proceedings. Under Washington law, you must file the will with the Superior Court in the county where the deceased person lived within 30 days of death.
But, before you open probate, you might want to determine whether probate is required. According to the Washington State Bar Association, probate isn’t required for small estates (valued under $100,000, where there is no real estate or outstanding debts on the estate). Shared assets, like those in a joint bank account, property held in trust, community property, or life insurance, may not count as property that is subject to probate. An estate must meet specific requirements to avoid formal probate. If you have questions about whether you need to open probate, or whether you can use alternatives to probate, you might want to speak with the Washington state probate lawyers at Truce Law.
Identifying and Notifying Beneficiaries
If you have been named the personal representative of an estate, it is your duty to notify beneficiaries and interested parties about the person’s passing, regardless of whether the estate will go through formal probate.
Identifying and Appraising Assets
The personal representative is also tasked with locating assets and paperwork related to the ownership of assets, including real estate property deeds, vehicle titles and registration, life insurance documents, pensions, funeral insurance, other insurance policies, bank accounts, investment accounts, stocks and bonds, and annuities. If there are debts that must be paid, the assets may need to be appraised and sold to satisfy debts and liabilities. A detailed inventory of the estate’s property may be required.
Identifying and Notifying Creditors
The personal representative is also tasked with gathering mortgage documents, promissory loans, credit card account information (including outstanding debts), and identifying any other liabilities. The executor is required to notify all creditors after a person passes away. To avoid ongoing liability for debts not located, the personal representative may also be tasked with publishing an announcement about the death. The requirements for this are very specific and a probate lawyer in the state of Washington can ensure that the proper steps are followed so that claims can’t be made months after assets have been distributed to beneficiaries.
Paying Debts and Liabilities, Including Taxes
Before beneficiaries can receive money, assets, and property from the estate, all debts must be paid, all valid claims from creditors handled, and all estate taxes must be paid. Some claims from creditors may not be valid or may be too old to stand up in court. If you have questions about taxes and liabilities, a probate lawyer may be able to help you navigate the legal process of satisfying debts or answering creditors’ claims.
Again, it is the personal representative’s fiduciary duty to pay legitimate claims from creditors. This means that a personal representative might be wise to consult with a lawyer before paying any claims. A lawyer can help protect the estate’s assets, and a tax professional may be able to help you reduce the estate’s tax liability by identifying relevant tax credits and benefits.
It is important to note that a personal representative isn’t responsible for paying the deceased person’s debts out of their own pocket. If the estate is underwater, then creditors are paid in order of priority, and if nothing remains, beneficiaries receive nothing from the estate. The personal representative doesn’t have to pay the debts of the deceased. If you expect that the estate’s assets won’t satisfy outstanding debts, you may want to speak to a probate lawyer in Washington state. Some assets might be protected from creditors, and it’s important to validate all claims.
Claiming Benefits
Paying for funeral costs and handling a loved one’s financial affairs can be costly. Certain benefits may be able to help family members deal with these expenses. Life insurance benefits, outstanding wages and employment benefits, and other insurance policies may be able to offset some of these costs. The personal representative might be tasked with locating documents and benefit information. A probate lawyer in the state of Washington may be able to help you navigate the outstanding costs that could fall on family after a loved one’s death.
Proving the Will
If the will must go through the probate process, the will must be validated by the court. Issues can arise if family members or beneficiaries contest the validity of the will, if there are multiple versions of the will, or if your loved one wrote his or her will when he or she was mentally incapacitated or under pressure from another person. Probate litigation can make an executor or personal representative’s job much harder. If litigation arises during probate, it might be helpful to have a probate lawyer by your side, especially if you are the personal representative in charge of navigating everything.
Transferring Property and Distributing Assets
After all debts and liabilities have been paid, and time limits for creditors to collect debts have passed, the personal representative can close probate and distribute assets to beneficiaries as dictated in the will. If the estate had to go through probate, the executor may need to provide detailed accounting to the court of all financial transactions during the probate process. A probate attorney in Washington state at Truce Law can help you with this process.
Getting Help
If being the personal representative of an estate sounds overwhelming, the good news is that you don’t have to do it all alone. You may even be able to seek money from the estate to help you cover your legal fees. Remember, that it is your fiduciary duty to properly manage the estate. Getting help might be the best course forward, especially if the estate is complex. The probate lawyers in the state of Washington at Truce Law are here to help if you have been named the executor of an estate and feel that you need assistance managing the many moving parts involved with navigating probate and the management of an estate.
This article is for educational purposes only and does not constitute legal advice. Every situation is unique. For guidance specific to your circumstances, consult a licensed family law attorney in your area.