As of June 11, 2026, Washington probate practitioners will need to adjust to sweeping changes in the administration of intestate estates. House Bill 2445, known as the “Ending Probate for Profit” legislation, was enacted in response to highly publicized cases in which unrelated third parties were able to step in as personal representatives of estates, take control of assets, and profit from the administration of those estates, at the expense of the heirs. The legislation represents one of the most significant revisions to Washington probate procedure in recent years. While the statute does not alter Washington’s rules of intestate succession, it substantially changes who may administer an intestate estate, how personal representatives are monitored, and what safeguards exist to protect heirs and beneficiaries.
Why the “Ending Probate for Profit” Legislature Acted
The legislation was requested by the Washington Attorney General Nick Brown after litigation uncovered a scheme in which third parties obtained appointments as personal representatives for hundreds of estates involving decedents with whom they had no relationship. According to the Attorney General’s Office, those individuals used legal loopholes to gain control of estate assets, and once in control, sold property for inflated commissions, hired their own contracting firms for unnecessary repairs, and seized personal property, often without notice to heirs. The new law seeks to ensure that family members and professional fiduciaries have a meaningful opportunity to administer estates before unrelated third parties may seek appointment.
The Prior Statutory Framework
Under the former version of RCW 11.28.120, Washington law established an order of priority for individuals seeking appointment as personal representative of an intestate estate (an estate where the decedent died without a valid last will and testament). Although the statute gave preference to family members and other persons interested in the estate, it allowed the courts to appoint “any suitable person” if no preferred applicant petitioned within 40 days of the decedent’s death. This provision was likely intended to ensure an estate would not be left in limbo if family members or other interested parties failed to step forward. However, it ultimately created opportunities for individuals with little or no connection to the decedent to seek appointment as personal representative.
The prior law also imposed relatively few restrictions on unrelated third-party administrators. Probate proceedings could be filed in any Washington county, allowing personal representatives to select the venue regardless of whether it had a meaningful connection to the decedent. In addition, personal representatives could obtain nonintervention powers (allowing them to administer an estate with minimal court supervision), and imposition of bond was always within the discretion of the court. Although fiduciary duties always applied, personal representatives were always required to act in the best interests of the estate and its heirs, the statutory framework contained few specific safeguards directed at estate administrators who regularly sought appointment in intestate matters.
What Changes Under HB 2445
More Time for Family Members to Petition
One of the most significant changes is the extension of the waiting period for individuals seeking appointment as personal representative under RCW 11.28.120(3) (the new “any suitable person” category). The former law gave preferred parties 40 days after death to petition for letters of administration, but under the new law priority parties have 60 days before a guardian ad litem or contract service provider may be considered, and 90 days before unrelated third parties may seek appointment. This change gives families substantially more time to identify assets, locate counsel, and initiate probate proceedings.
Limitations on Powers and Bond Requirements
The new legislation limits the authority of third-party administrators by making most of them ineligible for nonintervention powers, and requires most to post a bond, providing financial protection for the estate and its heirs, in the event of misconduct.
Venue Restrictions
Previously, probate proceedings could generally be filed in any Washington county selected by the petitioner. The new law restricts venue for third-party administrators. If a petitioner seeks appointment under RCW 11.28.120(3), venue generally must be filed in the county where the decedent resided at death, or where estate property is located if the decedent was not a Washington resident. This change is intended to prevent unrelated administrators from filing cases in counties with no meaningful connection to the decedent.
New Petition Requirements
Pleadings under the new law must be more detailed than ever before. Individuals seeking appointment must now affirmatively state decedent died without a will and explain the basis for that belief, identify heirs and describe reasonable searches undertaken to locate them, describe major probate assets, and confirm that the applicant is eligible for appointment and not disqualified. These requirements are intended to prevent applicants from seeking appointment without conducting meaningful investigation regarding heirs or estate assets.
Expanded Grounds for Disqualification
In addition to existing restrictions, RCW 11.36.010 expands disqualification to persons who: (1) Had Letters revoked for cause within the previous 24 months; (2) Have been found within the previous 36 months to have engaged in dishonesty, theft, or breach of fiduciary duty; or (3) Seek appointment as third-party administrators while having connections to individuals or businesses likely to profit from the sale, repair, or transfer of major estate assets. In certain circumstances, the Court is now required to revoke Letters, whereas prior law generally vested the Court with discretion to remove.
Increased Notice and Reporting Requirements
Under prior law, a personal representative had to provide notice to heirs of an estate within 20 days of their appointment. While this requirement remains, the new law further requires a personal representative appointed under RCW 11.28.120(3) to file a report within 30 days of appointment that identifies the heirs who received notice and the method of notice provided. The personal representative must also detail the steps they took to locate potentially interested persons. Within 30 days of opening an estate account, personal representatives must report the financial institution where the estate funds are held, and identify all persons authorized to sign on the account. In addition, interested persons may now request estate reports, and courts are given enhanced authority to compel compliance, impose sanctions, or revoke letters for repeated reporting failures.
Restrictions on Self-Dealing
The most direct response to the conduct that prompted the legislation is the creation of strict self-dealing prohibitions. A personal representative appointed under RCW 11.28.120(3) generally may not: (1) Purchase estate assets; (2) Acquire estate assets for personal benefit; or (3) Receive proceeds from the sale of estate assets. Any exception requires court approval after notice to heirs and beneficiaries, and the burden is on the personal representative to prove by clear and convincing evidence that the proposed transaction is consistent with their fiduciary obligations. Violations may result in sanctions of up to three times the value of the asset or proceeds involved.
Compensation Restrictions
HB 2445 imposes heightened scrutiny on compensation for personal representatives appointed under RCW 11.28.120(3). Unlike the traditional framework, under which personal representatives were generally entitled to reasonable compensation, these administrators may not receive compensation without court approval. This change reflects the Legislature’s effort to reduce financial incentives that contributed to the “probate for profit” schemes.
What This Means for Washington Families
For families, HB 2445 offers important new protections designed to ensure that heirs receive notice, remain informed, and are not displaced by individuals seeking to profit from the probate process. For personal representatives and probate practitioners, however, the legislation introduces additional procedural requirements that may increase the time and expense associated with administering an estate. The result is likely a system that is more transparent and protective of heirs, but also one that may be less streamlined than before.
Ultimately, HB 2445 is a reminder that probate law is a constant balancing act. The Legislature sought to close loopholes that allowed bad actors to exploit intestate estates, but it did so by layering additional oversight and procedural requirements onto the probate process. For Washington residents, the legislation serves as another compelling reason to engage in estate planning, because the easiest way to avoid many of these issues is still to leave behind a valid will.
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Disclaimer
Every legal issue is very unique. Accordingly, the information in this blog is intended as general education material and not as legal advice. If you think you may have a legal issue, you should consult an attorney.