Question: How Does A Co-Administrator Delegate Powers, Authority, And Duties To A Co-Administrator?

Introduction

The Revised Code of Washington sometimes requires a road-map to navigate. In order to answer the question regarding delegation of co-administrators’ powers, authority, and duties, first look at the definitions for personal representative and administrator. Next look at the provisions under 11.68 that connect the co-trustee rules to co-personal representatives. Then look at the co-trustee provisions to find the answer.

RCW 11.02.005(1) and (11) – Definitions and use of terms.

Any law that refers to “personal representative” includes the term “administrator”.

RCW 11.68.095 – Co-personal representatives — Powers.

All of the provisions of RCW 11.98.016 regarding the exercise of powers by co-trustees of a trust shall apply to the co-personal representatives of an estate in which the co-personal representatives have been granted nonintervention powers, as if, for purposes of the interpretation of that law, co-personal representatives were co-trustees and an estate were a trust.

RCW 11.98.016(c) – Exercise of powers by co-trustees.

(3) An individual trustee, with a co-trustee’s consent, may, by a signed, written instrument, delegate any power, duty, or authority as trustee to that co-trustee. This delegation is effective upon delivery of the instrument to that co-trustee and may be revoked at any time by delivery of a similar signed, written instrument to that co-trustee.

Analysis of Delegation

1. A co-administrator can give power and authority to another co-administrator.
2. If a co-administrator delegates a power, authority, or duty, then that co-administrator cannot exercise the power, authority, or duty until the delegation is properly revoked.
3. If a co-administrator wants to delegate a power, authority, or a duty without losing it, and without having to revoke it, he or she should meet with a lawyer who knows the law and is creative enough to draft terms for a delegation that maximize the co-administration’s power and authority.