Wash. Rev. Code » Title 11 · Chapter 11.36
Revised Code of Washington

Wash. Rev. Code § 11.36.010 (2026)

✓ current as of May 2026
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*** CHANGE IN 2026 *** (SEE 2445.SL) ***
(1) Except as provided in subsections (2), (3), and (4) of this section, the following persons are not qualified to act as personal representatives: Corporations, limited liability companies, limited liability partnerships, minors, persons of unsound mind, or persons who have been convicted of (a) any felony or (b) any crime involving moral turpitude.
(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 being convicted of (a) any felony or (b) any crime involving moral turpitude, the court having jurisdiction must revoke his or her letters.
(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.
[ 2013 c 272 s 1; 1983 c 51 s 1; 1983 c 3 s 14; 1965 c 145 s 11.36.010. Prior: 1959 c 43 s 1; 1917 c 156 s 87; RRS s 1457; prior: Code 1881 s 1409; 1863 p 227 s 164; 1860 p 189 s 131.]

Notes:

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.
Notes of Decisions
Cited in 29 cases (4 in the last 5 years), 1956–2026 · leading case: Atchison v. Great W. Malting Co., 161 Wash. 2d 372 (Wash. 2007).
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Atchison v. Great W. Malting Co., 161 Wash. 2d 372 (Wash. 2007). · cites it 3× “RCW 11.36.010. ¶11 State statute more strictly limits the possible beneficiaries of a wrongful death claim: Every such action shall be for the benefit of the wife, husband, child or children, including stepchildren, of the person whose death shall have been so caused.”
Atchison v. Great W. Malting Co., 166 P.3d 662 (Wash. 2007). · cites it 3× “RCW 11.36.010. ¶ 11 State statute more strictly limits the possible beneficiaries of a wrongful death claim: Every such action shall be for the benefit of the wife, husband, child or children, including stepchildren, of the person whose death shall have been so caused.”
In Re the Disciplinary Proceeding Against Walgren, 708 P.2d 380 (Wash. 1985). · cites it 2× “070); they may not hold certain positions of trust such as executor or administrator (RCW 11.36.010); they are excluded from being guardians for incompetent or disabled persons (RCW 11.”
John Doe v. William H. Webster, Dir., Fbi, 606 F.2d 1226 (D.C. Cir. 1979). “§ 20-351 (1973) (conviction of infamous crime); Wash.Rev.Code Ann. § 11.36.010 (1961) (conviction of crime of moral turpitude).”
Matter of Disciplinary Proceeding Against Curran, 801 P.2d 962 (Wash. 1990). “See RCW 11.36.010; RCW 11.36.021(2)(a); RCW 11.”
In re the Est. of Haviland, 301 P.3d 31 (Wash. 2013). “Haviland as copersonal representative of the estate under RCW 11.36.010 because of her ineligibility due to past criminal convictions.”
Kelly v. Chelan Cnty., 157 Wash. App. 417 (Wash. Ct. App. 2010). · cites it 2× “56: *427 All uses which are not listed as an outright permitted use in Section 11.36.010. Former CCC 11.36.020 (conditional uses).”
Kelly v. Cnty. of Chelan, 185 P.3d 1224 (Wash. Ct. App. 2008). · cites it 2× “A conditional use permit was necessary because the zoning resolution in effect required that within the general use district, "`[a]ll uses which are not listed as an outright permitted use in [former Chelan County Code] Section 11.36.010 [(1977)]' are a Conditional Use.”
Kelly v. Chelan Cnty., 145 Wash. App. 166 (Wash. Ct. App. 2008). · cites it 2× “A conditional use permit was necessary because the zoning resolution in effect required that within the general use district, “ £[a]ll uses which are not listed as an outright permitted use in [former Chelan County Code] Section 11.36.010 [(1977)]’ are a Conditional Use.”
Hansen v. Chelan Cnty., 913 P.2d 409 (Wash. Ct. App. 1996). · cites it 2× “CCZC § 11.36.010. The property may also be subdivided for these purposes.”
Schamber v. Borman, 314 P.2d 617 (Wash. 1957). · cites it 2× “: Provided, That trust companies regularly organized under *796 the laws of this state and national banks when authorized so to do may act as administrators or guardians of the estate of minors or other incompetents upon petition of any person having a preference right to such…”
Bus. Fin. Corp., Resp. v. Victoria Knoll, Apps. (Wash. Ct. App. 2016). · cites it 10× “Jerry does not dispute that he was at all times a resident of Alaska, but he argues that residence in Washington is only a condition of appointment, not a qualification for serving as a personal representative.”
Show all 29 citing cases →
— Wash. Rev. Code § 11.36.010(1) — 8 cases
In the Matter of the Est. of: Anne Lorraine Troyer (Wash. Ct. App. 2019).
Bus. Fin. Corp., Resp. v. Victoria Knoll, Apps. (Wash. Ct. App. 2016). “Jerry does not dispute that he was at all times a resident of Alaska, but he argues that residence in Washington is only a condition of appointment, not a qualification for serving as a personal representative.”
A. Shane Roeser v. Est. Of Kimberly Ann Blowers (Wash. Ct. App. 2017).
Est. Of Hung Nguyen v. Franciscan Health Sys. (Wash. Ct. App. 2020).
Fuhr v. City of Seattle (W.D. Wash. 2024).
— Wash. Rev. Code § 11.36.010(4) — 1 case
Hansen v. Chelan Cnty., 913 P.2d 409 (Wash. Ct. App. 1996). “CCZC § 11.36.010. The property may also be subdivided for these purposes.”
— Wash. Rev. Code § 11.36.010(5) — 1 case
Bus. Fin. Corp., Resp. v. Victoria Knoll, Apps. (Wash. Ct. App. 2016). “Jerry does not dispute that he was at all times a resident of Alaska, but he argues that residence in Washington is only a condition of appointment, not a qualification for serving as a personal representative.”
— Wash. Rev. Code § 11.36.010(6) — 4 cases
Bus. Fin. Corp., Resp. v. Victoria Knoll, Apps. (Wash. Ct. App. 2016). “Jerry does not dispute that he was at all times a resident of Alaska, but he argues that residence in Washington is only a condition of appointment, not a qualification for serving as a personal representative.”
Est. Of Sassan Sanai Md - Astrid Sanai Pr v. Cyrus Sanai (Wash. Ct. App. 2019).
Elmer Wagner, App-cross Resp v. Jill Wright, Resp-cross App (Wash. Ct. App. 2016).
Est. Of Angela Elaine Nowell (Wash. Ct. App. 2026).
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