Executor Resignation and Removal Requirements in Washington

At a glance

Requirements one by one

Washington separates discretionary cause from mandatory disqualification

Under RCW 11.28.250, the superior court may revoke letters after notice and hearing when it has reason to believe the personal representative has wasted, embezzled, or mismanaged estate property—or is about to do so; has committed or is about to commit estate fraud; is incompetent; has permanently left the state; has wrongfully neglected the estate or representative acts; or when another cause makes revocation necessary.

That is a discretionary power, not a command to revoke whenever an allegation is made. By contrast, RCW 11.36.010(5) says the court must revoke when a representative later becomes of unsound mind or receives an adverse adjudication described in subsection (1). It also requires revocation of a catch-all administrator appointed under RCW 11.28.120(3) who is shown to be acting for or with a person or entity involved in a major probate-asset transaction. Under RCW 11.28.150, admission of a later-found will likewise requires revocation of the administration letters and issuance of replacement letters.

The court can act, and an interested party has a general judicial route

Section 11.28.250 begins when the court has reason to believe a listed ground exists. The profit-linked mandatory ground expressly permits a motion by the court or any interested person.

Washington's general estate-dispute statute supplies a broader procedural route. RCW 11.96A.030 defines a probate “matter” to include a change of personal representative and defines a “party” as a person with a legal or equitable interest, power, or claim concerning the matter. Section 11.96A.080 lets any party initiate a judicial proceeding concerning a matter while preserving the specific Chapter 11.28 procedures. These cited provisions do not give the bond surety a removal petition; RCW 11.28.300 instead permits later suit against a former representative or sureties.

Notice and hearing are mandatory, but their mechanics are discretionary

Section 11.28.250 requires both notice and a hearing before discretionary revocation. It leaves the manner of notice, service, and hearing time wholly to the court. Under RCW 11.28.260, the proceeding may be determined in court or chambers, and the order must be entered in the court minutes.

The court may require an additional or replacement bond after appointment, reduce the bond on a proper showing, or substitute other adequate security under RCW 11.28.185. The cited removal provisions set no special petition deadline, show-cause period, suspension power, or temporary-personal- representative route.

Resignation is recognized, but no statewide form is prescribed here

Sections 11.28.280 and 11.28.290 expressly address a representative who “resigns,” while Section 11.28.270 separately addresses surrendered letters. They do not prescribe a signed resignation, petition, fixed notice period, beneficiary consent, acceptance test, or estate-protection finding. Those mechanics therefore should not be invented from a private letter template or local practice.

What the statutes do specify is the transition. On final settlement, the departing representative—or the representative's estate—must account, pay, and deliver all estate money, property, rights, records, and papers to the successor or remaining representatives at the time and in the manner the court orders.

Remaining representatives continue; otherwise successor letters issue

Under RCW 11.28.270, remaining personal representatives perform all duties unless the will or court orders otherwise. Section 11.28.050 similarly gives remaining executors authority to perform every act and trust required by the will.

If no such continuation controls, RCW 11.28.280 grants successor letters to the persons who would have received them if the first letters had never issued or the original representative had renounced administration. The successor takes like duties and liabilities and may petition for nonintervention powers. After a discretionary Section 11.28.250 revocation, the former representative's powers cease at once and the court must appoint a replacement immediately.

Liability, compensation, and turnover survive the change

Section 11.28.300 lets the successor or remaining representative proceed against a delinquent former representative, that person's representatives, the sureties, or another person holding estate property. Section 11.48.210 also lets the court deny or reduce compensation when the personal representative failed to discharge a duty.

The cited provisions state no special appeal, automatic stay, reinstatement, or prior-act rule. For a Section 11.28.250 revocation, the express effective rule is immediate cessation of powers and immediate replacement; accounting and delivery then occur as the court orders on final settlement.

What trips people up

• “Shall have power” does not make every Section 11.28.250 ground mandatory. It grants the court authority to revoke; Section 11.36.010(5) separately uses “must revoke” for specified later disqualifications.
• The resignation provisions describe consequences, not a letter form. The code recognizes resignation but does not supply the statewide mechanics in the cited sections.
• A successor is not always necessary. Remaining representatives continue unless the will or court provides otherwise.

Common questions

Does Washington prescribe a fixed removal-notice period? No. Notice and hearing are required, but Section 11.28.250 leaves the notice manner, service, and hearing time to the court.

Does removal end the duty to turn over the estate? No. Section 11.28.290 requires the outgoing representative or estate to account, pay, and deliver the estate as the court orders on final settlement.

May the court protect the estate by changing the bond? Yes. Section 11.28.185 permits a bond or additional bond after appointment, a reduction on a proper showing, or substitute security adequate to protect the estate.

Statutes and sources

• RCW 11.28.050, .150, and .185 — remaining-executor authority, later-will revocation, and post-appointment bond/security. — official current text for § 11.28.050, § 11.28.150, and § 11.28.185 (accessed 2026-08-28)
• RCW 11.28.250-.300 — revocation grounds and procedure, continuing representatives, successor, account, turnover, and enforcement. — official current text for § 11.28.250, § 11.28.260, § 11.28.270, § 11.28.280, § 11.28.290, and § 11.28.300 (accessed 2026-08-28)
• RCW 11.36.010 and 11.48.210 — mandatory later-disqualification revocation and compensation reduction/denial. — official current text for § 11.36.010 and § 11.48.210 (accessed 2026-08-28)
• RCW 11.96A.030, .040, and .080 — party/matter definitions, superior-court jurisdiction, and judicial proceedings. — official current text for § 11.96A.030, § 11.96A.040, and § 11.96A.080 (accessed 2026-08-28)
• 2026 Wash. Laws ch. 204 (EHB 2445) — effective June 11, 2026 amendments already incorporated in the current compiled provisions cited above. — official bill history and session law (accessed 2026-08-28)