You’re the Personal Representative. Now what?
What is a personal representative and what do they do?
When a loved one passes away, someone must step in to manage their estate and ensure their wishes—or the law—are followed. In Washington State, this person is called a personal representative (also known as an executor or administrator). It’s an important role, carrying legal responsibilities and fiduciary duties.
Whether you're named as a personal representative in a will or appointed by the court, understanding your responsibilities is crucial. Here's what you need to know.
1. Initiate the Probate Process
The first step is to file a petition for probate with the superior court in the county where the deceased person lived. You’ll also file the will, if there is one. Once appointed, you receive Letters Testamentary or Letters of Administration, which give you the legal authority to act on behalf of the estate.
2. Notify Heirs, Beneficiaries, and Creditors
Washington law requires personal representatives to:
Notify heirs and beneficiaries that the probate process has begun.
Publish a notice to creditors in a local newspaper and possibly send direct notice to known creditors. This triggers a four-month window for creditors to file claims.
3. Locate and Inventory Estate Assets
You must identify, gather, and safeguard all assets of the estate. This includes:
Real estate
Bank accounts
Personal property
Investments
Business interests
You’ll create an inventory of the estate, which may be filed with the court, depending on the case.
4. Pay Debts and Expenses
Before distributing anything to heirs or beneficiaries, the personal representative must:
Pay valid creditor claims
Settle any taxes (including estate taxes, if applicable)
Handle funeral costs and administrative expenses
You’re responsible for making sure all debts are properly handled—personally paying them is not required, but mismanaging estate funds could result in personal liability.
5. Distribute the Assets
After debts and taxes are paid, the remaining assets are distributed according to the will, or if there is no will, according to Washington’s intestate succession laws. This process should be done carefully and transparently, often with receipts and accounting records for beneficiaries.
6. Provide an Accounting (if required)
In some cases, the personal representative must prepare a final accounting to show how the estate was managed. This can be waived if all parties agree or if nonintervention powers were granted.
7. Close the Estate
Once everything is done, you file a petition for discharge or a Declaration of Completion of Probate, depending on how the estate was administered. This officially ends your duties as personal representative.
Fiduciary Duty: Do It Right or Get Help
Being a personal representative is not just a task list—it comes with a fiduciary duty to act in the best interest of the estate and its beneficiaries. Mistakes can lead to legal consequences, so if you’re unsure about anything, consider working with an attorney or probate professional.
Final Thoughts
Serving as a personal representative in Washington is an important responsibility. While the process can be complex, understanding your duties—and getting the right support—can help you navigate probate confidently and responsibly.