## Facts

- Marcella Louise Jones died testate in 1995, leaving her estate in equal shares to her four sons: David, Russell, Jeffrey, and Peter.
- The will named Russell as personal representative and granted nonintervention powers.
- While the estate remained open, Russell continued living in an estate home rent-free and used the premises for his law practice.
- About one year after death, Russell executed a deed transferring the home to himself but did not record it; there was no agreement among the beneficiaries authorizing rent-free occupancy or giving Russell the home as his distributive share.
- Russell drove the estate’s 1987 Buick about 17,000 miles for personal use.
- Russell commingled estate and personal funds, made distributions from his personal account, and reimbursed himself with estate funds.
- Russell attempted to revalue an estate piano.
- A family meeting to distribute property failed due to longstanding conflicts among the brothers.
- Jeffrey and Peter petitioned for accountings and sought Russell’s removal and appointment of a successor personal representative.
- The trial court found multiple fiduciary breaches, removed Russell, restricted nonintervention authority, and appointed James Woodard as successor; the Court of Appeals reversed and reinstated Russell.

## Issues

1. Whether RCW 11.68.070 (nonintervention estates) incorporates the removal grounds in RCW 11.28.250 so that a nonintervention personal representative may be removed for “waste, embezzlement, mismanagement, fraud, or for any other cause or reason which to the court appears necessary.”
2. Whether Russell’s conduct (self-dealing, rent-free occupancy, personal use of estate property, commingling and irregular handling of funds) constituted fiduciary breaches justifying removal under the statutory scheme.

## Decision

- The Washington Supreme Court reversed the Court of Appeals and affirmed the trial court’s removal of Russell.
- The court held RCW 11.68.070 incorporates all removal grounds listed in RCW 11.28.250 into the nonintervention framework.
- The court reinstated the trial court’s orders removing Russell, appointing Woodard as successor personal representative, and remanding for a final accounting.
- The court awarded attorney fees to Jeffrey and Peter.

## Legal Principles

- A personal representative, including one with nonintervention powers, owes fiduciary duties to the estate and all beneficiaries.
- RCW 11.68.070 and RCW 11.28.250 are construed together so that nonintervention personal representatives may be removed, or have powers restricted, for “waste, embezzlement, mismanagement, fraud, or for any other cause or reason which to the court appears necessary.”
- Probate courts have broad discretion under the “any other cause or reason” language to protect beneficiaries when a personal representative’s conduct is inconsistent with fiduciary obligations, including self-dealing and asset mismanagement.

## Conclusion

The court held that nonintervention status does not shield a personal representative from the full statutory grounds for removal and affirmed removal where the personal representative engaged in self-dealing and mismanagement that breached fiduciary duties to the beneficiaries.


In re Estate of Jones, 93 P.3d 147 (Wash. 2004)