The Personal Representative of Your Will

By Taylor Kenck

This is Part 3 of the Series “Estate Planning Basics.”

The personal representative manages the affairs and estate of the individual that has passed.

“Personal representative” is a phrase you may hear a lot during the estate planning process in Washington State. Nonetheless, there’s some valid confusion about this title. The purpose of this post is to clear up what the title means and describe the requirements and responsibilities that the job entails.

The confusion:

Most of the confusion related to this title comes from the fact that the majority of states use a different title for the same job. Most states use the term “executor” instead of “personal representative.”

Here in Washington State, the Revised Code of Washington has formalized the title “personal representative,” but the two titles are often used interchangeably. Personally, I choose to use the title “personal representative” simply because that’s the term used in the State’s statutes. However, even within the legal community, the two are treated interchangeably.

Qualifications:

The Revised Code of Washington, Chapter 11.36.010 describes the required qualifications for a prospective personal representative. And the bar is pretty low in terms of the people that are statutorily disqualified.

Basically, a prospective personal representative must be an adult of sound mind who has not been convicted of a felony or “any crime involving moral turpitude.” Crimes involving moral turpitude typically refer to crimes of theft or fraud.

So, the required qualifications for prospective personal representatives are admittedly low. However, this should not take away from the importance of the work they do in the probate process. The responsibilities go much further than the qualifications would suggest.

Responsibilities:

To state it simply, the personal representative is tasked with settling the estate. This can include collecting and paying debts, managing the estate’s assets during the process of probate, providing notices to heirs and beneficiaries, and representing the estate before the probate court (both during the standard probate proceedings and even in the event of a will contest). The Revised Code of Washington, Chapter 11.48.010, has a great overview of the general duties and powers of personal representatives.

Ultimately, the personal representative has a duty to act faithfully for the estate and its beneficiaries (this duty is called a fiduciary duty).

Conclusion:

Personal Representatives don’t have to do this alone:

For the average person, these responsibilities probably seem a little overwhelming.

However, remember that personal representatives are allowed to ask for help. Specifically, personal representatives are allowed to hire attorneys, accountants, and other professionals to help them fulfill their duties. RCW 11.48.050 specifically authorizes personal representatives to pay for necessary expenses like attorneys.

Crestview Law is happy to help personal representatives fulfill the duties and responsibilities outlined here. We are also happy to help individuals and families select the right personal representative in their estate plan. There’s a lot that goes into this decision, but at Crestview Law, our goal is to help you make this decision with comfort and confidence.

Please reach out for a free initial consultation to find out more.

Crestview Law has physical offices in Wenatchee, but we can serve clients throughout the state with our many virtual tools.