Washington § 11.28.120 - Persons entitled to letters.

(1) Administration of an estate if the decedent died intestate or if the personal representative or representatives named in the will declined or were unable to serve shall be granted to some one or more of the persons hereinafter mentioned, and they shall be respectively entitled in the following order:

(a) The surviving spouse or state registered domestic partner, or such person as he or she may request to have appointed[;]

(b) The next of kin in the following order: (i) Child or children; (ii) father or mother; (iii) brothers or sisters; (iv) grandchildren; (v) nephews or nieces;

(c) The trustee named by the decedent in an inter vivos trust instrument, testamentary trustee named in the will, guardian of the decedent, conservator of the decedent, or an agent named in a durable power of attorney appointed by the decedent, if any such a fiduciary controlled or potentially controlled substantially all of the decedent's probate and nonprobate assets;

(d) One or more of the beneficiaries or transferees of the decedent's probate or nonprobate assets;

(e)(i) The director of revenue, or the director's designee, for those estates having property subject to the provisions of chapter 11.08 RCW, however, the director may waive this right;

(ii) The secretary of the department of social and health services for those estates owing debts for home and community-based services as defined in RCW 74.39A.009, however, the secretary may waive this right; and

(f) One or more of the principal creditors.

(2) If the persons entitled as set forth in this section shall fail for more than 60 days after the death of the decedent to present a petition for letters of administration, or if it appears to the satisfaction of the court that there is no next of kin, as above specified eligible to appointment, or they waive their right, and there are no principal creditor or creditors, or such creditor or creditors waive their right, then the court may appoint a contract service provider with the office of public guardianship and conservatorship under chapter 2.72 RCW or a guardian ad litem to administer such estate.

(3) If the persons entitled as set forth in this section shall fail for more than 90 days after the death of the decedent to present a petition for letters of administration, then the court may appoint any suitable person to administer such estate. Such person shall receive only such compensation in connection with administration of the estate as is provided under RCW 11.48.210, and shall not purchase, acquire, or receive proceeds from the sale of estate assets except as provided under RCW 11.48.020. Unless such person is an entity described under RCW 11.36.010 (2) or (3), such person (a) shall be ineligible to receive nonintervention powers, and (b) shall be limited to two petitions for appointment under this subsection per year.

Effective dates—2020 c 312: See note following RCW 11.130.915.

Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.

Effective dates—1994 c 221: See note following RCW 11.100.035.