Washington Code 11.68.070 – Procedure when personal representative recreant to trust or subject to removal
Current as of: 2023 | Check for updates
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(1)(a) A party, as defined in RCW 11.96A.030, may petition the court under chapter 11.96A RCW for a determination that a personal representative:
Terms Used In Washington Code 11.68.070
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Fiduciary: A trustee, executor, or administrator.
- Personal representative: includes executor, administrator, special administrator, and conservator or limited conservator and special representative. See Washington Code 11.02.005
- Statute: A law passed by a legislature.
(i) Has breached a fiduciary duty;
(ii) Has exceeded the personal representative’s authority;
(iii) Has abused the personal representative’s discretion in exercising a power;
(iv) Has otherwise failed to execute the trust faithfully;
(v) Has violated a statute or common law affecting the estate; or
(vi) Is subject to removal for a reason specified in RCW 11.28.250.
(b) The petition submitted under (a) of this subsection must allege facts in support of the claim and must be verified or be supported by an affidavit showing facts in support of the claim.
(2) If the court finds that the personal representative has committed one or more of the acts listed in subsection (1)(a) of this section, the court may order such remedy in law or in equity as it deems appropriate. The remedy may include, but not be limited to, awarding money damages, surcharging the personal representative, directing the personal representative to take a specific action, restricting the powers of the personal representative, removing the personal representative and appointing a successor, and awarding fees and costs under RCW 11.96A.150. If the court restricts the powers of the personal representative, it shall endorse the words “powers restricted” upon the original order granting the personal representative nonintervention powers and upon the letters testamentary or of administration together with the date of the endorsement.
NOTES:
Application—2021 c 140 §§ 4003-4017, 4023, 4024, and 4026: See note following RCW 11.48.130.
Application, effective date—Severability—1977 ex.s. c 234: See notes following RCW 11.20.020.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.