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Removing an executor from their role

| Jul 8, 2019 | Estate And Probate Litigation |

When you are party to an estate in Seattle, it may be easy to feel as though you have little control over your interests. At first glance, it may appear that you indeed do not given that it is the estate executor who handles its administration. Yet your interests must be managed exactly in the manner that the settlor specified in their will. This means that the executor essentially works for you and the estate’s other beneficiaries. Many in your same position have come to us here at Riach Gese Jacobs PLLC in the past worried that the estates controlling their interests were being poorly managed. If you share the same concern, you may be happy to learn that you may be able to have an executor removed from their role. 

Section 11.68.070 of the Revised Code of Washington states that any party interested in an estate can petition that the court review and evaluate the actions of the estate’s executor. “Interested parties” in this context can be any of the following: 

  • Creditors
  • Heirs
  • Devisees
  • Legatees
  • Any person representing any of the aforementioned parties

If, in your case, after reviewing the actions of the executor, the court does indeed find that they either violated the rules inherent to their role or did not meet the expectations set forth in the settlor’s estate planning documents, it can choose to limit the executor’s responsibilities or remove them from the role completely (in which case a successor would then be appointed by the court). 

Common reasons for removing an executor may be the mismanagement or embezzling of an estate’s funds, or the executor proving themselves to be unfit to fulfill the role. You can learn more about your rights as a beneficiary by continuing to explore our site.