Legal Question in Wills and Trusts in Washington

Re: How is a personal representative selected?

I'm sorry to hear of your loss.

Since your mother had no will her estate will be subject to a process known as intestate estate administration. The initial part of that process is the appointment of an executor via the issuance of Letters of Administration.

With respect to your specific situation, the Court will probably appoint any of the three children as long as they sign an oath and can demonstrate that they satisfy the other requirements of an executor (over 21, U.S. citizen, etc.). The individual that wishes to serve as executor actually petitions the court, which subsequently appoints that individual if they qualify and there are no objections. If there are hard feelings among the siblings the court may appoint two or more of the children as joint executors or a special administrator named by the court.

As long as the siblings agree to one or more individuals to serve as executor, the actual process is not terribly burdensome. However, it is more complicated than a testate (with Will) probate. Therefore, I strongly suggest you utilize the services of an attorney that practices in this field of law.