Can I Be the Executor of an Estate?

If a family member named you in their will, or you are the closest relative of someone who died without one, you may be wondering whether you are actually allowed to serve. Washington sets a fairly low bar, but it does set one.

Who Is Allowed to Serve

Most adults who are asked to serve as a personal representative, the modern term for what many people still call the executor, are eligible to do so. Washington law approaches the question mainly by listing who is disqualified rather than who qualifies, so if you do not fall into a disqualified category, you generally can serve. That said, the specific facts matter, and a person appointed in another state or living outside Washington has an extra step to take.

For families in Snohomish County, this question comes up constantly, both from people named in a will who want to know if they can accept the role and from relatives of someone who died without a will who wonder whether they have the right to step in. The answer depends on two things: whether you are disqualified, and, if there is no named executor, where you fall in the order of priority.

Who Is Disqualified

Washington identifies certain people who are not qualified to act as personal representatives. Under RCW 11.36.010, minors, persons of unsound mind, and persons who have been convicted of any felony or of any crime involving moral turpitude are not qualified to serve. The statute also excludes ordinary corporations and similar entities from acting as personal representatives, while carving out exceptions for qualified trust companies, national banks, certain attorney-owned professional entities, and certain nonprofit corporations that meet the statutory conditions.

The disqualification does not only apply at the moment of appointment. The same statute provides that if a person who has already been issued letters becomes disqualified, by becoming of unsound mind or being convicted of a felony or a crime involving moral turpitude, the court must revoke their letters. In other words, eligibility has to continue throughout the administration, not just exist on day one.

If none of those disqualifications apply to you, and you are an adult of sound mind without a disqualifying conviction, you are generally eligible to serve.

The Extra Step for Nonresidents

Living outside Washington does not disqualify you, but it does add a requirement. Under the same statute, a nonresident may be appointed to serve as personal representative if the nonresident appoints an agent who is a resident of the county where the estate is being probated, or who is an attorney of record for the estate, upon whom legal papers may be served. That appointment must be made in writing and filed with the court. Unless the requirement to post a bond has been waived, a nonresident personal representative must also file a bond that the court approves.

This resident-agent requirement exists so that there is always someone within reach of the local court to accept service of documents. If you have been named executor in a Snohomish County estate but live in another state, plan on naming a qualified resident agent and be prepared for the possibility of a bond.

When No Executor Was Named

Everything above assumes there is a will that names an executor. But what if the decedent died without a will, or the person named in the will cannot or will not serve? In that case, the court appoints a personal representative according to a statutory order of priority.

That order is set out in RCW 11.28.120. Administration is granted, in sequence, to the surviving spouse or state registered domestic partner or a person that spouse or partner requests, then to the next of kin in a defined order of children, parents, siblings, grandchildren, and nieces or nephews, and then to other categories including certain fiduciaries, beneficiaries, and principal creditors. The statute long provided that if those entitled to serve did not petition within forty days of the death, the court could appoint any suitable person. That window changed in 2026: under the "Ending Probates for Profit" Act (EHB 2445), courts now wait at least 60 days before appointing certain court-appointed fiduciaries and at least 90 days before appointing an unrelated suitable person.

So whether you can be the personal representative when no one was named depends on where you stand in that priority list and whether those ahead of you are willing to serve or willing to let you serve in their place. A surviving spouse near the top of the list has a strong claim; a more distant relative may need those with higher priority to step aside.

Deciding Whether to Serve

Being eligible is not the same as being ready. Serving as a personal representative means gathering assets, giving notices, paying debts, handling taxes, and distributing what remains, all while keeping careful records and meeting deadlines. Many eligible people serve well with guidance, and many choose to have a lawyer assist them so they do not carry the burden alone.

If you have been named executor of a Snohomish County estate, or you are next in line to serve for a relative who died without a will, the Law Office of Chad Foster can help you confirm your eligibility and understand what the role requires. Contact us to talk through whether and how you should serve.