Washington's "Ending Probates for Profit" Law (EHB 2445)

A Tacoma man and his associates spent five years quietly looting the estates of dead strangers. They opened probate proceedings without any family connection to the deceased, sold off homes worth a combined $28 million, collected commissions and fees, and walked away while grieving families lost heirlooms, real estate, and in at least one case, a mother's ashes. Washington's Attorney General ultimately sued them, but the damage was done. The scheme was made possible by gaps in state law that let virtually anyone petition a court to administer an estate if no family member had stepped forward within 40 days.

That loophole is now closed. Governor Bob Ferguson signed Engrossed House Bill 2445 on March 24, 2026, and its provisions took effect June 11, 2026. The legislation, titled the "Ending Probates for Profit" Act and codified as Chapter 204 of the 2026 Session Laws, amends several sections of Title 11 RCW and represents the most significant overhaul of Washington's intestate probate process in decades. Families navigating estate administration in Snohomish County and across Washington need to understand what changed and why it matters.

What the Law Was Trying to Fix

Washington probate law has long allowed courts to appoint a personal representative to manage an estate when the person who died left no will (called an intestate estate). The priority list under the pre-existing version of RCW 11.28.120 started with the surviving spouse and ran through next of kin, trustees, and creditors. But if none of those parties petitioned within 40 days, the statute allowed courts to appoint "any suitable person."

That phrase was the vulnerability. Predatory actors used it to insert themselves into estates involving unguarded real estate, then extracted value through management fees, sales commissions, and asset transfers. The Legislature passed EHB 2445 in direct response, drawing heavily on the Attorney General's experience litigating the Elliott case.

What Changed Under RCW 11.28.110: The Intestate Petition Now Requires More

Before EHB 2445, an intestate probate petition only needed to recite that the estate's assets would cover its debts and remain solvent. That bare-bones standard made it easy for strangers to slip into the process without demonstrating any real knowledge of the decedent's family or assets.

Under the amended RCW 11.28.110, a petition for letters of administration in an intestate estate must now include five categories of information:

• A statement that the decedent died without a will, and the basis for that knowledge
• The names, ages, and addresses of known heirs, and a detailed description of the search conducted to locate them
• A general description of major probate assets, including real property, motor vehicles, and any known asset or interest estimated to exceed $10,000 in value
• The details of the search conducted to identify those assets
• An affirmative statement that the petitioner is entitled to serve under RCW 11.28.120 and is not disqualified under RCW 11.36.010

There is one meaningful carveout: a petitioner who is the surviving spouse or next of kin (the people with first or second priority under RCW 11.28.120(1)(a) or (b)) does not have to itemize major probate assets in the petition, though they must still describe their search to identify those assets. This exception reflects the Legislature's recognition that immediate family often has ready knowledge of the estate's composition and poses a far lower risk of exploitation than an unrelated third party.

These changes increase the court's ability to evaluate who is petitioning and why, before letters are issued. In Snohomish County and other Superior Court jurisdictions, practitioners should expect courts to scrutinize these disclosures carefully.

What Changed Under RCW 11.28.120: Stricter Rules for Unrelated Administrators

The amended RCW 11.28.120 restructures the priority list for administrators and, more importantly, creates a distinct tier for unrelated third parties that comes with significant restrictions.

The 40-day window that previously permitted any suitable person to step in has been extended to 60 days for a narrower class of court-appointed fiduciaries, specifically public guardianship contractors and guardians ad litem. The window for unrelated individuals is now 90 days. This change alone eliminates much of the first-mover advantage that predatory administrators previously exploited.

Once appointed under RCW 11.28.120(3), which covers administrators who fall outside the recognized priority categories, a person faces a comprehensive set of restrictions. They may receive compensation only as allowed under RCW 11.48.210, meaning compensation is drawn from the estate based on what the court finds just and reasonable, with no outside payments permitted unless the court approves. They may not purchase, acquire, or receive proceeds from the sale of estate assets except through a court-supervised process under RCW 11.48.020, which requires 14 days' notice to heirs and a clear-and-convincing showing that any transaction is consistent with the duty of loyalty. They are ineligible to receive nonintervention powers under RCW 11.68.011, which means the court retains ongoing supervision over their actions. They must post a bond in an amount commensurate with the major probate assets identified in the petition. And they are limited to filing no more than two petitions for appointment under this provision per calendar year.

For families in Snohomish County dealing with an estate that has no immediate family member able or willing to serve, these restrictions provide meaningful protection. An unrelated administrator is now subject to court oversight at every significant step.

What Changed Under RCW 11.36.010: New Grounds for Disqualification

The prior version of RCW 11.36.010 disqualified corporations, minors, people of unsound mind, and individuals convicted of a felony or a crime involving moral turpitude. The amended version adds three new grounds for disqualification.

A person is now disqualified if their letters of administration were revoked for cause under RCW 11.28.250 within the preceding 24 months. A person is also disqualified if a court or administrative agency found within the preceding 36 months that they engaged in dishonesty, theft, or breach of fiduciary duty. And a person seeking appointment under the third-party track of RCW 11.28.120(3) is disqualified if they are a principal or agent of, or acting in concert with, any person or entity likely to be involved in the sale, purchase, repair, or transfer of a major probate asset.

That last ground is significant. It directly targets the business model the Attorney General's litigation exposed, where administrators functioned as part of a network that controlled both the appointment process and the downstream asset transactions.

Two New Reporting Requirements Apply to All Personal Representatives

EHB 2445 also added new mandatory filings under RCW 11.76.010 that apply more broadly, not just to third-party administrators.

Within 30 days of appointment, every personal representative must file a Declaration and Report Confirming Notice to Third Parties. This report must identify each heir, legatee, devisee, beneficiary, and transferee who received notice of the appointment and the pending probate; describe the search the representative conducted to find those parties; and state the date and method of each notice given.

A second report is required within 30 days of opening any estate financial account. The Declaration and Report Regarding Estate Financial Account must disclose the date the account was opened, the financial institution holding the account, and each signatory on the account. Both filings increase the visibility of the probate process to courts, heirs, and beneficiaries, and they create a documented record that makes misconduct easier to identify and prove.

What This Means for Washington Families

If you are a surviving spouse, adult child, or other close relative of someone who died without a will in Washington, EHB 2445 works in your favor in two important ways. First, it makes it harder for an unrelated party to get appointed before family members have a realistic chance to act. The 60- and 90-day windows replace the old 40-day rule, giving immediate family more time to organize and petition. Second, if a third party does end up administering the estate, the statute now surrounds that role with court supervision, bond requirements, and restrictions that did not exist before June 11, 2026.

For families dealing with estates involving significant real property, as is common in Snohomish County's housing market, the new asset-disclosure requirements in the petition also mean that major properties should be visible to the court from the outset, making unauthorized transfers much harder to obscure.

What this law does not do is eliminate the need for a will. A valid estate plan remains the most reliable protection for your family. A will controls who serves as personal representative, identifies your intended beneficiaries, and avoids the intestate priority system entirely. It also gives the person you choose far more flexibility, including the ability to seek nonintervention powers, which a court-appointed third-party administrator under the new law cannot obtain.

If you have not yet put a will or estate plan in place, or if you have an existing plan that has not been reviewed recently, this is a meaningful moment to address it. The Law Office of Chad Foster assists Snohomish County residents with estate planning, probate administration, and navigating changes to Washington law. Contact our office if you have questions about how EHB 2445 affects your family's situation or how to protect your estate through proper planning.