The Role of an Executor
An executor (called a "personal representative" in Washington State) is the person legally responsible for administering a deceased person's estate. This means collecting assets, paying debts, filing taxes, and ultimately distributing what remains to the heirs — all in accordance with the will and Washington State law.
A trustee has a similar role but manages assets held in a trust, often over a longer period of time and according to the specific terms of the trust document.
Both roles carry fiduciary duties — meaning you are legally required to act in the best interests of the estate and its beneficiaries, not your own.
Your Core Legal Duties
Duty of Loyalty
You must act solely in the interest of the estate and its beneficiaries. You cannot favor yourself, use estate assets for personal benefit, or make decisions that advantage one heir over another without proper authorization.
Duty of Care
You are expected to manage estate assets with the same care a reasonable, prudent person would use with their own property. This means protecting assets, maintaining property, and making sound decisions — not letting things deteriorate through neglect.
Duty to Inform and Account
Beneficiaries have the right to be kept informed. You are generally required to provide an accounting of estate assets, debts, and distributions — and to respond to reasonable requests for information from heirs.
Duty to Follow the Will
Your job is to carry out the instructions in the will, not to interpret or override them. If the will says the house goes to one heir and the savings account to another, that is what must happen — regardless of what you personally think is fair.
Duty to Pay Debts Before Distributing Assets
Before anything is distributed to heirs, the estate's legitimate debts must be paid. This includes final medical bills, credit card balances, mortgages, taxes, and the costs of administering the estate itself. Distributing assets before debts are settled can make you personally liable for those debts.
Personal Liability — What Executors Need to Know
This is the part most people don't realize until it's too late: executors can be held personally liable for mistakes made in administering the estate.
If you distribute assets before paying debts and there isn't enough left to cover those debts, creditors may come after you personally. If you fail to file required tax returns, the IRS can pursue you. If you favor one heir unfairly, other beneficiaries can sue.
This is not meant to be alarming — most estates are administered without incident. But it is the reason why working with a probate attorney, even briefly, is strongly recommended for any estate of meaningful size or complexity.
Can the Executor Be Paid?
Yes. Washington has no fee schedule or percentage for personal representatives. The rule depends on the will:
- If the will sets the compensation, that amount is the executor's full pay, unless the executor formally renounces it before qualifying and asks the court to set a fee instead.
- If the will is silent, the executor is entitled to compensation the court considers "just and reasonable" for the work actually done. Keeping a simple log of hours and tasks makes that easy to support.
- An executor who fails in their duties can have their fee reduced or denied altogether by the court.
An executor who is also an heir can choose to take no fee. A fee is taxable income to the executor, while an inheritance generally is not, so when the executor would receive the money either way, waiving the fee can leave more in the family. A CPA can confirm whether that holds for your estate.
How heirs can question the fees. In most Washington estates, which are settled without court supervision, the executor files a declaration of completion listing the fees paid to the executor, the attorney, appraisers and accountants. Heirs who have not yet received their full share have 30 days after it is filed to ask the court to review whether the fees are reasonable; if no one does, the fees are approved.
Sources: RCW 11.48.210 (compensation); RCW 11.68.110 (declaration of completion and fee review).
When Probate Is Required in Washington State
Not all estates go through probate. Assets that pass by beneficiary designation (retirement accounts, life insurance), assets held in joint tenancy, and assets held in a properly funded trust typically pass outside of probate.
But if the deceased owned real property in their name alone, or had significant assets without beneficiary designations, probate is likely required. Washington State has a simplified probate process for smaller estates, and a full probate process for larger or more complex ones. An attorney can quickly tell you which applies.
When to Get Professional Help
Every executor should at minimum consult with a Washington State probate attorney before beginning administration. For estates that involve:
- Real property
- Business interests
- Significant debts or contested creditors
- Disagreements among heirs
- Out-of-state assets
- A surviving spouse with community property interests
…professional guidance isn't optional — it's essential.
Real Property Planning does not refer anyone to attorneys. Choose a Washington-licensed probate attorney yourself; you can confirm any lawyer's license with the Washington State Bar Association (wsba.org).