Probate › Estate Litigation › Removing a Personal Representative By Matthew Cunanan, DC Law Group — a plain-English guide for families, and for the lawyers learning from them. Who this is for: family members, heirs, or anyone watching a Washington estate being handled badly — and the newer lawyers helping them. This guide explains, in plain words, how to stop the wrong person from running an estate, plus the exact laws, steps, and court forms. The 30-second version: There are two ways the wrong person gets taken off an estate. Disqualification means the law never allowed them to serve in the first place (RCW 11.36.010). Removal means they were allowed to serve, but they’re doing a bad job and a judge takes them off (RCW 11.28.250). Both go through Washington’s estate-dispute law, TEDRA (RCW 11.96A).
What’s in this guide
- Plain-English terms
- Two different things: disqualification vs. removal
- Who is not allowed to serve
- Good reasons to remove someone
- Step-by-step: how to ask the court
- Court forms and where to get them
- What happens after
- Costs and fees
- Quick answers
Plain-English terms
- Estate — everything a person owns when they die.
- Personal representative — the person in charge of the estate. With a will, often called the “executor”; without one, the “administrator.”
- Letters — the court’s official paper that gives that person the job. “Revoking letters” just means taking the job away.
- TEDRA — a Washington law (RCW 11.96A) for sorting out estate fights.
Two different things: disqualification vs. removal
People mix these up. They’re not the same. Disqualification is about the start: the law lists people who simply aren’t allowed to serve (RCW 11.36.010). Removal is about behavior: the person was allowed to serve, but a judge takes them off for doing a bad job (RCW 11.28.250). Think of a driver’s license — disqualification is never being allowed to drive; removal is losing the license because of how you drove.
Who is not allowed to serve
Under RCW 11.36.010, these people are not qualified to run an estate:
- People under 18.
- People who are not of sound mind.
- People convicted of a felony, or of a crime involving dishonesty (the law calls it “moral turpitude”).
- Most corporations and companies — with exceptions, like banks and trust companies.
There’s also a rule for people who live outside Washington: they can serve, but usually only if they name someone inside the state to accept legal papers, or hire a Washington lawyer. If the person in charge fits one of these groups, you may be able to undo their appointment without proving they did anything wrong — the law simply didn’t allow it.
Good reasons to remove someone
If the person was allowed to serve but is doing a bad job, RCW 11.28.250 lets a judge remove them. The big reasons:
- Wasting, stealing, or mismanaging the estate’s money.
- Committing fraud against the estate.
- Hiding records or refusing to show where the money went.
- A serious conflict of interest.
- Simply not doing the job.
The law also has a catch-all line for “any other good reason” — the law’s junk drawer for bad behavior that doesn’t fit the other boxes. Judges really do this. In In re Estate of Jones, the state’s top court removed a man who signed the estate’s house over to himself and mixed its money with his own. In In re Estate of Reugh, the court removed two people who tried to twist the will to pay themselves. And because the person is holding money that isn’t theirs, a court (Tucker v. Brown) can order them to give back the fees they took. Short version: How to remove a personal representative.
Step-by-step: how to ask the court
The basic path (your facts and county can change the details):
- Gather your proof. Bank records, emails, the will, and a simple timeline of what went wrong.
- Ask for the records first. The person in charge must give you a list of what the estate owns (RCW 11.44.015), and a judge can order them to show where the money went (RCW 11.76.010). Refusing helps your case.
- File a written request (a TEDRA petition). Under TEDRA (RCW 11.96A), you file a petition laying out the facts — backed by a sworn statement — explaining why the person should be removed or replaced.
- Give everyone notice. The people involved must be told about the hearing ahead of time (RCW 11.96A.110).
- Go to the hearing. A judge looks at the proof and decides what is best for the estate and the family.
Important: even if the will let the person handle things without a judge looking over their shoulder (“nonintervention” powers), the court can still step in and remove them (RCW 11.68.070).
Court forms and where to get them
You don’t have to build these papers from scratch. Free, official sources:
- King County Superior Court — court forms (if your case is in King County).
- Washington State Courts — court forms (statewide).
- WashingtonLawHelp.org — free, plain-language self-help guides and forms for people representing themselves.
Always check the county where the estate case is filed; local courts sometimes have their own versions.
What happens after
If the judge agrees, the person’s “letters” are revoked — their job is over — and the court appoints someone else to finish the estate. The removed person usually has to hand over all money, property, and records and file a final accounting. They can also be held responsible for losses they caused, and can lose their fees.
Costs and fees
Going to court costs money — a filing fee, plus your time or a lawyer’s. The good news: if the person in charge behaved badly, a judge can sometimes order their share of the estate (not the family’s) to cover the cost of cleaning up the mess. Ask the court to deal with fees as part of your request.
Quick answers
What’s the difference between disqualification and removal?
Disqualification means the person was never allowed to serve (RCW 11.36.010). Removal means a judge takes them off for doing a bad job (RCW 11.28.250).
Do I have to prove wrongdoing to disqualify someone?
Not always. If they fall into a disqualified group (like a minor or a convicted felon), the point is that the law didn’t allow them in the first place.
Can I do this myself, without a lawyer?
Many people do. Use the official forms above and follow the steps. A guide like this can’t replace advice for your exact situation, but it can help you understand the process and the words. Related short reads: making an executor show the money and what TEDRA is.
When to call a lawyer
Some estate fights are simple; others get messy fast — missing money, a hostile family, a house mid-sale. If you’re unsure, talk to someone before a deadline passes. At DC Law Group, we help families across Washington remove the wrong person and protect the estate. Call us at 206-677-9630. This guide gives general information about Washington law. It is not legal advice, and reading it does not make us your lawyers.
About the author: Matthew Cunanan is the founder of DC Law Group, a Spokane law firm. He has helped families and individuals with Washington estate and court cases for years. (Washington State Bar #42530.)