Wash. Rev. Code » Title 11 · Chapter 11.48
Revised Code of Washington

Wash. Rev. Code § 11.48.020 (2025)

Right to possession and management of estate—Prohibition on acquiring estate assets or proceeds

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(1) Every personal representative shall, after having qualified or been appointed, by giving bond as hereinbefore provided, have a right to the immediate possession of all the real as well as personal estate of the deceased, and may receive the rents and profits of the real estate until the estate shall be settled or delivered over, by order of the court, to the heirs or devisees, and shall keep in tenantable repair all houses, buildings and fixtures thereon, which are under his or her control.
(2) Unless approved by the court, a personal representative appointed under RCW 11.28.120(3) may not: (a) Purchase or acquire for his or her own account or personal interest any estate asset; or (b) receive for his or her own account or personal interest any proceeds from the sale of an estate asset. Such personal representative requesting approval to purchase or acquire such asset or receive such proceeds shall petition the court and provide 14 days' notice of the hearing to the heirs, legatees, devisees, beneficiaries, and transferees of the estate. The petition shall be denied unless the personal representative establishes clearly and convincingly that the requested purchase, acquisition, or receipt is consistent with the personal representative's duty of loyalty and all applicable laws, and would not be voidable by any heir, legatee, devisee, beneficiary, or transferee of the estate. Such personal representative who violates or attempts to violate (a) or (b) of this subsection may be sanctioned by the court up to three times the value of the relevant asset or proceeds, in addition to any other sanction or remedy.
[ 2026 c 204 s 6; 2010 c 8 s 2030; 1965 c 145 s 11.48.020. Prior: 1917 c 156 s 94; RRS s 1464; prior: Code 1881 s 1444; 1860 p 189 s 132; 1854 p 278 s 65.]

Notes:

When title vests: RCW 11.04.250.
Notes of Decisions
Cited in 13 cases, 1952–2018 · leading case: Jones v. Jones, 152 Wash. 2d 1 (2004).
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Jones v. Jones, 152 Wash. 2d 1 (2004). · cites it 2× “RCW 11.48.020; Bishop v. Locke, 92 Wash. 90, 92 , 158 P.”
In re Est. of Jones, 93 P.3d 147 (Wash. 2004). · cites it 2× “RCW 11.48.020; Bishop v. Locke, 92 Wash. 90, 92 , 158 P.”
In re the Est. of Wimberley, 349 P.3d 11 (Wash. Ct. App. 2015). “RCW 11.48.020. However, when a person’s right to possession of the property arises from his status as executor, he does not have a right to use the property when there are other reasonable alternatives open, such as renting the property.”
In re Hickman's Est., 250 P.2d 524 (Wash. 1952). “The object of paragraph X is obscure, but, if it was intended thereby that possession of the property should be delivered to respondent forthwith, this provision is premature.”
In re Est. of Boston, 491 P.2d 1033 (Wash. 1971). “Appellant argues that as executor he had a duty to retain possession of the estate under RCW 11.48.020 and .030, and further, that it was expedient for him to remain there to protect it from vandalism and decay.”
Hatfield v. Steinhoff, 730 P.2d 696 (Wash. Ct. App. 1986). “300; RCW 11.48.020. Consequently, the contention fails.”
Larson v. Duclos, 281 P.2d 458 (Wash. 1955). · cites it 2× “Our statute (RCW 11.48.020) provides: “Every . . . administrator shall .”
In re Westall, 423 P.3d 930 (Wash. Ct. App. 2018). “¶ 30 RCW 11.48.020 grants a personal representative the right to immediate possession of all real and personal property of the deceased.”
Davenport v. Elliott Bay Plywood MacHines Co., 632 P.2d 76 (Wash. Ct. App. 1981). “RCW 11.48.020. His right to possession and control of all of the estate property, including the stock, is well settled.”
Washington Escrow Co. v. Blair, 243 P.2d 1044 (Wash. 1952). “Respondent McKinnon urges that, because he is the executor of his father’s will, he is, as executor, under the provisions of RCW 11.48.020 (Rem. Rev. Stat., § 1464), entitled to possession of the fund during administration of the estate.”
Est. Of Doris Mathews, No. 48458-7 (Wash. Ct. App. Dec. 12, 2017). “5 Because we determine that a quasi-fiduciary relationship arose between Spice and the Estate regarding the co-owned property as a consequence of the various court orders, we do not reach the question of whether co-tenants are necessarily in a fiduciary relationship or otherwise…”
Est. Of Sandra Westall, No. 50708-1 (Wash. Ct. App. Aug. 14, 2018). “RCW 11.48.020 grants a personal representative the right to immediate possession of all real and personal property of the deceased.”
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