New Washington Probate Law: Added Protections for Families

At our firm, protecting families during difficult transitions is at the heart of what we do. We are pleased to share an important update in Washington law that strengthens those protections. 

Governor Bob Ferguson has signed House Bill 2445 into law, and it went into effect on June 11, 2026. This new legislation improves Washington’s probate system and is designed to prevent bad actors from taking advantage of families after the loss of a loved one—particularly when someone passes away without a will. 

Why This Law Was Needed 

When a person dies without a will, the intestacy statute outlines who may serve as Personal Representative (officially the Admin-Personal Representative) to manage the estate. This includes handling property, paying debts, and distributing assets to heirs. 

Unfortunately, gaps in the prior law allowed strangers to step in, gain court appointment, and take control of estates they had no connection to. In some cases, estate assets were misused or depleted, leaving families confused, excluded, and forced to fight for what should have been rightfully theirs. 

After investigating and prosecuting a large scheme involving hundreds of estates, the Attorney General requested legislative reform. HB 2445 is the result—and it closes the loopholes that made that exploitation possible. 

What the New Law Does  

The new law is designed to put families first and ensure courts have better oversight.  Here are the key changes you should know about: 

• More time for families to step forward 

  Families and other rightful parties now have 90 days (instead of 40 days) to petition the court to be appointed as Personal Representative before an unrelated third party can attempt to do so. 

• Stricter rules for third‑party administrators 

  If a non‑family member seeks to administer an estate, the law now clearly limits: 

  • Who may qualify 

  • How many estates they can manage 

  • How much they can be paid 

  • Bond requirements to protect estate assets 

• Limits on profiting from estate property 

  Third‑party administrators are generally prohibited from purchasing estate assets or profiting from sales unless the court specifically approves it. 

• Greater transparency 

  The law increases reporting and disclosure requirements, so heirs and courts can better monitor what is happening with an estate and intervene sooner if problems arise. 

  
  

• Proper court venue required 

  Probate cases must be filed in the appropriate county, preventing filings in unrelated jurisdictions where oversight may be weaker. 

What This Means for Our Clients 

This law is a meaningful improvement and adds an important layer of protection for Washington families—especially during grief, when navigating legal processes can feel overwhelming. 

That said, it’s important to remember: this law helps if someone dies without an estate plan. It does not replace the peace of mind and control that comes from having a thoughtfully prepared estate plan. 

A well-crafted Will or Living Trust: 

• Allows you to choose who manages your estate 

• Keeps strangers out of the process 

• Reduces delays, costs, and stress 

• Makes things much easier for the people you love 

  
  

HB 2445 is a positive and overdue step toward fairness and accountability in the probate process. With the Governor’s signature and an effective date of June 11, 2026, families across Washington can have greater confidence that the probate system is working to protect—not exploit—them. 

If you have questions about how this new law may affect you or your family—or if you’d like to make sure your estate plan clearly protects your loved ones—we’re here to help. 

If you have any questions regarding estate planning,

Please contact Davies Law Office at 425.440.3494 or office@dlolawgroup.com