Washington § 11.36.010 - Parties disqualified — Result of disqualification after appointment — Nonresident personal representatives permitted.

(1) The following persons are not qualified to act as personal representatives:

(a) Corporations, limited liability companies, and limited liability partnerships, except as provided in subsections (2) through (4) of this section;

(b) Minors;

(c) Persons of unsound mind;

(d) Persons who have had letters testamentary or of administration revoked for cause under RCW 11.28.250 within the last 24 months;

(e) Persons who have been found by a court or administrative agency within the last 36 months of engaging in acts of dishonesty, theft, or breach of fiduciary duty;

(f) Persons who have been convicted of any felony or any crime involving moral turpitude; and

(g) Persons seeking appointment under RCW 11.28.120(3) who are a principal or agent of, or acting at the behest of or in concert with, any person or entity likely to be involved in the sale, purchase, repair, or transfer of a major probate asset.

(2) Trust companies regularly organized under the laws of this state and national banks when authorized so to do may act as the personal representative of an individual's estate or of the estate of an incapacitated person upon petition of any person having a right to such appointment and may act as personal representatives or guardians when so appointed by will. No trust company or national bank may qualify as such personal representative or guardian under any will hereafter drawn by it or its agents or employees, and no salaried attorney of any such company may be allowed any attorney fee for probating any such will or in relation to the administration or settlement of any such estate, and no part of any attorney fee may inure, directly or indirectly, to the benefit of any trust company or national bank.

(3) Professional service corporations, professional limited liability companies, or limited liability partnerships, that are duly organized under the laws of this state and whose shareholders, members, or partners, respectively, are exclusively attorneys, may act as personal representatives.

(4) Any nonprofit corporation may act as personal representative if the articles of incorporation or bylaws of that corporation permit the action and the corporation is in compliance with all applicable provisions of Title 24 RCW.

(5) When any person to whom letters testamentary or of administration have been issued becomes disqualified to act because of becoming of unsound mind or receiving an adverse adjudication described in subsection (1) of this section, the court having jurisdiction must revoke his or her letters. When it appears to the satisfaction of the court, upon motion of the court or any interested person, that a person to whom letters of administration were issued under RCW 11.28.120(3) is acting as a principal or agent of a person or entity involved in the sale, purchase, repair, or transfer of a major probate asset, whether such asset was identified under RCW 11.28.110(1)(d) or identified subsequently, the court having jurisdiction must revoke his or her letters and may impose sanctions against him or her.

(6) A nonresident may be appointed to act as personal representative if the nonresident appoints an agent who is a resident of the county where such estate is being probated or who is an attorney of record of the estate, upon whom service of all papers may be made; such appointment to be made in writing and filed by the clerk with other papers of such estate; and, unless bond has been waived as provided by RCW 11.28.185, such nonresident personal representative must file a bond to be approved by the court.

Rules of court: Counsel fees: SPR 98.12W.

Application—2013 c 272: See note following RCW 11.98.002.

Procedure during minority or absence of executor: RCW 11.28.040.

Trust company may act as personal representative: RCW 30A.08.150.