Probate

AN ACT Relating to ending probates for profit; amending RCW 1
11.28.110, 11.28.120, 11.28.185, 11.28.237, 11.36.010, 11.48.020, 2
11.48.210, 11.56.030, 11.68.011, 11.76.010, 11.76.030, and 3
11.96A.050; and adding a new section to chapter 11.56 RCW.4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 11.28.110 and 2010 c 8 s 2017 are each amended to 6
read as follows: 7
(1) Application for letters of administration, or, application 8
for an adjudication of intestacy and heirship without the issuance of 9
letters of administration shall be made by petition in writing, 10
signed and verified by oath of the applicant or his or her attorney, 11
and filed with the court, which petition shall set forth ((the)):12
(a) The facts essential to giving the court jurisdiction of the 13
case((, and state, if known, the));14
(b) That the deceased died without a will, and the basis of the 15
applicant's knowledge of such;16
(c) The names, ages , and addresses of the heirs of the deceased 17
and ((that the deceased died without a will )) the details of the 18
applicant's reasonable search for such heirs;19
(d) A general description of the major probate assets of the 20
estate, including real property, motor vehicles, and any known 21
Z-0507.3
HOUSE BILL 2445
State of Washington 69th Legislature 2026 Regular Session
By Representatives Richards and Reeves; by request of Attorney
General
Read first time 01/13/26. Referred to Committee on Civil Rights &
Judiciary.
p. 1 HB 2445
property or interest estimated in good faith to exceed $10,000 in 1
value, and the details of the applicant's reasonable search to 2
identify such assets; and 3
(e) For application for letters of administration, that the 4
applicant is entitled to administer the estate under RCW 11.28.120 5
and is not disqualified under RCW 11.36.010.6
(2) Except to the extent necessary to determine bond, the 7
specific value, location, provenance, and condition of each major 8
probate asset need not be described in the petition.9
(3) If the applicant is a person entitled to letters under RCW 10
11.28.120(1) (a) or (b), the petition need not describe the major 11
probate assets of the estate, but shall still set forth the 12
applicant's reasonable search to identify such assets.13
(4) If the application for an adjudication of intestacy and 14
heirship does not request the appointment of a personal 15
representative and the court enters an adjudication of intestacy no 16
further administration shall be required except as set forth in RCW 17
11.28.330 or 11.28.340. 18
Sec. 2. RCW 11.28.120 and 2020 c 312 s 405 are each amended to 19
read as follows: 20
(1) Administration of an estate if the decedent died intestate or 21
if the personal representative or representatives named in the will 22
declined or were unable to serve shall be granted to some one or more 23
of the persons hereinafter mentioned, and they shall be respectively 24
entitled in the following order: 25
(((1))) (a) The surviving spouse or state registered domestic 26
partner, or such person as he or she may request to have appointed((.27
(2))) (b) The next of kin in the following order: (((a))) (i) 28
Child or children; (((b))) (ii) father or mother; (((c))) (iii) 29
brothers or sisters; (((d))) (iv) grandchildren; (((e))) (v) nephews 30
or nieces((.31
(3)));32
(c) One or more of the beneficiaries or transferees of the 33
decedent's probate assets;34
(d) The trustee named by the decedent in an inter vivos trust 35
instrument, testamentary trustee named in the will, guardian of the 36
decedent, conservator of the decedent, or an agent named in a durable 37
power of attorney appointed by the decedent, if any such a fiduciary 38
p. 2 HB 2445
controlled or potentially controlled substantially all of the 1
decedent's probate and nonprobate assets((.2
(4) One or more of the beneficiaries or transferees of the 3
decedent's probate or nonprobate assets.4
(5)(a)));5
(e)(i) The director of revenue, or the director's designee, for 6
those estates having property subject to the provisions of chapter 7
11.08 RCW((;)), however, the director may waive this right((.8
(b)));9
(ii) The secretary of the department of social and health 10
services for those estates owing debts for ((long-term care )) home 11
and community-based services as defined in RCW ((74.39A.008;)) 12
74.39A.009, however, the secretary may waive this right((.13
(6))); and14
(f) One or more of the principal creditors. 15
(((7))) (2) If the persons ((so)) entitled as set forth in this 16
section shall fail for more than ((forty)) 60 days after the death of 17
the decedent to present a petition for letters of administration, or 18
if it appears to the satisfaction of the court that there is no next 19
of kin, as above specified eligible to appointment, or they waive 20
their right, and there are no principal creditor or creditors, or 21
such creditor or creditors waive their right, then the court may 22
appoint a contract service provider with the office of public 23
guardianship and conservatorship under chapter 2.72 RCW or ((any 24
suitable person)) a guardian ad litem to administer such estate.25
(3) If the persons entitled as set forth in this section shall 26
fail for more than 90 days after the death of the decedent to present 27
a petition for letters of administration, then the court may appoint 28
any suitable person to administer such estate. Such person shall 29
receive only such compensation in connection with administration of 30
the estate as is provided under RCW 11.48.210, and shall not 31
purchase, acquire, or receive proceeds from the sale of estate assets 32
except as provided under RCW 11.48.020. Unless such person is an 33
entity described under RCW 11.36.010 (2) or (3), such person (a) 34
shall be ineligible to receive nonintervention powers, and (b) shall 35
be limited to two petitions for appointment under this subsection per 36
year.37
Sec. 3. RCW 11.28.185 and 2020 c 312 s 709 are each amended to 38
read as follows: 39
p. 3 HB 2445
When the terms of the decedent's will manifest an intent that the 1
personal representative appointed to administer the estate shall not 2
be required to furnish bond or other security, or when the personal 3
representative is the surviving spouse or surviving domestic partner 4
of the decedent and it appears to the court that the entire estate, 5
after provision for expenses and claims of creditors, will be 6
distributable to such spouse or surviving domestic partner, then such 7
personal representative shall not be required to give bond or other 8
security as a condition of appointment. In all cases where a bank or 9
trust company authorized to act as personal representative is 10
appointed as personal representative, no bond shall be required. In 11
all cases where a personal representative is appointed under RCW 12
11.28.120(3) and is not an entity described under RCW 11.36.010 (2) 13
or (3), bond shall be required in an amount commensurate with the 14
major probate assets identified under RCW 11.28.110(1)(d). In all 15
other cases, unless waived by the court, the personal representative 16
shall give such bond or other security, in such amount and with such 17
surety or sureties, as the court may direct. 18
Every person required to furnish bond must, before receiving 19
letters testamentary or of administration, execute a bond to the 20
state of Washington conditioned that the personal representative 21
shall faithfully execute the duty of the trust according to law.22
The court may at any time after appointment of the personal 23
representative require said personal representative to give a bond or 24
additional bond, the same to be conditioned and to be approved as 25
provided in this section; or the court may allow a reduction of the 26
bond upon a proper showing. 27
In lieu of bond, the court may in its discretion, substitute 28
other security or financial arrangements, such as provided under RCW 29
11.130.445, or as the court may deem adequate to protect the assets 30
of the estate. 31
Sec. 4. RCW 11.28.237 and 2011 c 327 s 2 are each amended to 32
read as follows: 33
(1) Within ((twenty)) 20 days after appointment, the personal 34
representative of the estate of a decedent shall cause written notice 35
of his or her appointment and the pendency of said probate 36
proceedings, to be served personally or by mail to each heir, legatee 37
and devisee of the estate and each beneficiary or transferee of a 38
nonprobate asset of the decedent whose names and addresses are 39
p. 4 HB 2445
reasonably known to him or her ((, and proof of such mailing or 1
service shall be made by affidavit and filed in the cause )). If a 2
trust is a legatee or devisee of the estate or a beneficiary or 3
transferee of a nonprobate asset of the decedent, then notice to the 4
trustee is sufficient. 5
(2) If the personal representative does not otherwise give notice 6
to creditors under chapter 11.40 RCW within ((thirty)) 30 days after 7
appointment, the personal representative shall cause written notice 8
of his or her appointment and the pendency of the probate proceedings 9
to be mailed to the state of Washington department of social and 10
health services' office of financial recovery, and proof of the 11
mailing shall be made by affidavit and filed in the cause.12
Sec. 5. RCW 11.36.010 and 2013 c 272 s 1 are each amended to 13
read as follows: 14
(1) ((Except as provided in subsections (2), (3), and (4) of this 15
section, the )) The following persons are not qualified to act as 16
personal representatives: 17
(a) Corporations, limited liability companies, and limited 18
liability partnerships, ((minors, persons )) except as provided in 19
subsections (2) through (4) of this section;20
(b) Minors;21
(c) Persons of unsound mind((, or persons));22
(d) Persons who have had letters testamentary or of 23
administration revoked within the last 24 months;24
(e) Persons who have been found by a court or administrative 25
agency within the last 36 months of engaging in acts of dishonesty, 26
theft, or breach of fiduciary duty;27
(f) Persons who have been convicted of (((a))) any felony or 28
(((b))) any crime involving moral turpitude; and29
(g) Persons seeking appointment under RCW 11.28.120(3) who are a 30
principal or agent of, or acting at the behest of or in concert with, 31
any person or entity likely to be involved in the sale, purchase, 32
repair, or transfer of a major probate asset. 33
(2) Trust companies regularly organized under the laws of this 34
state and national banks when authorized so to do may act as the 35
personal representative of an individual's estate or of the estate of 36
an incapacitated person upon petition of any person having a right to 37
such appointment and may act as personal representatives or guardians 38
when so appointed by will. No trust company or national bank may 39
p. 5 HB 2445
qualify as such personal representative or guardian under any will 1
hereafter drawn by it or its agents or employees, and no salaried 2
attorney of any such company may be allowed any attorney fee for 3
probating any such will or in relation to the administration or 4
settlement of any such estate, and no part of any attorney fee may 5
inure, directly or indirectly, to the benefit of any trust company or 6
national bank. 7
(3) Professional service corporations, professional limited 8
liability companies, or limited liability partnerships, that are duly 9
organized under the laws of this state and whose shareholders, 10
members, or partners, respectively, are exclusively attorneys, may 11
act as personal representatives. 12
(4) Any nonprofit corporation may act as personal representative 13
if the articles of incorporation or bylaws of that corporation permit 14
the action and the corporation is in compliance with all applicable 15
provisions of Title 24 RCW. 16
(5) When any person to whom letters testamentary or of 17
administration have been issued becomes disqualified to act because 18
of becoming of unsound mind or ((being convicted of (a) any felony or 19
(b) any crime involving moral turpitude )) receiving an adverse 20
adjudication described in subsection (1) of this section , the court 21
having jurisdiction must revoke his or her letters. When it appears 22
to the satisfaction of the court, upon motion of the court or any 23
interested person, that a person to whom letters of administration 24
were issued under RCW 11.28.120(3) is acting as a principal or agent 25
of a person or entity involved in the sale, purchase, repair, or 26
transfer of a major probate asset, whether such asset was identified 27
under RCW 11.28.110(1)(d) or identified subsequently, the court 28
having jurisdiction must revoke his or her letters and may impose 29
sanctions against him or her.30
(6) A nonresident may be appointed to act as personal 31
representative if the nonresident appoints an agent who is a resident 32
of the county where such estate is being probated or who is an 33
attorney of record of the estate, upon whom service of all papers may 34
be made; such appointment to be made in writing and filed by the 35
clerk with other papers of such estate; and, unless bond has been 36
waived as provided by RCW 11.28.185, such nonresident personal 37
representative must file a bond to be approved by the court.38
p. 6 HB 2445
Sec. 6. RCW 11.48.020 and 2010 c 8 s 2030 are each amended to 1
read as follows: 2
(1) Every personal representative shall, after having qualified 3
or been appointed , by giving bond as hereinbefore provided, have a 4
right to the immediate possession of all the real as well as personal 5
estate of the deceased, and may receive the rents and profits of the 6
real estate until the estate shall be settled or delivered over, by 7
order of the court, to the heirs or devisees, and shall keep in 8
tenantable repair all houses, buildings and fixtures thereon, which 9
are under his or her control. 10
(2) Unless approved by the court, a personal representative 11
appointed under RCW 11.28.120(3) may not: (a) Purchase or acquire for 12
his or her own account or personal interest any estate asset; or (b) 13
receive for his or her own account or personal interest any proceeds 14
from the sale of an estate asset. Such personal representative 15
requesting approval to purchase or acquire such asset or receive such 16
proceeds shall petition the court and provide 14 days' notice of the 17
hearing to the heirs, legatees, devisees, beneficiaries, and 18
transferees of the estate. The petition shall be denied unless the 19
personal representative establishes clearly and convincingly that the 20
requested purchase, acquisition, or receipt is consistent with the 21
personal representative's duty of loyalty and all applicable laws, 22
and would not be voidable by any heir, legatee, devisee, beneficiary, 23
or transferee of the estate. Such personal representative who 24
violates or attempts to violate (a) or (b) of this subsection may be 25
sanctioned by the court up to three times the value of the relevant 26
asset or proceeds, in addition to any other sanction or remedy.27
Sec. 7. RCW 11.48.210 and 2010 c 8 s 2043 are each amended to 28
read as follows: 29
If testator by will makes provision for the compensation of his 30
or her personal representative, that shall be taken as his or her 31
full compensation unless he or she files in the court a written 32
instrument renouncing all claim for the compensation provided by the 33
will before qualifying as personal representative. The personal 34
representative, when no compensation is provided in the will, ((or)) 35
when he or she renounces all claim to the compensation provided in 36
the will, or when he or she administers an intestate estate, shall be 37
allowed such compensation for his or her services as the court shall 38
deem just and reasonable. Additional compensation may be allowed for 39
p. 7 HB 2445
his or her services as attorney and for other services not required 1
of a personal representative. An attorney performing services for the 2
estate at the instance of the personal representative shall have such 3
compensation therefore out of the estate as the court shall deem just 4
and reasonable. Such compensation may be allowed at the final 5
account; but at any time during administration a personal 6
representative or his or her attorney may apply to the court for an 7
allowance upon the compensation of the personal representative and 8
upon attorney's fees. A personal representative appointed under RCW 9
11.28.120(3) shall receive no compensation in connection with 10
administration of the estate from any person or entity other than the 11
estate unless allowed by the court. If the court finds that the 12
personal representative has failed to discharge his or her duties as 13
such in any respect, it may deny him or her any compensation 14
whatsoever or may reduce the compensation which would otherwise be 15
allowed. 16
Sec. 8. RCW 11.56.030 and 1990 c 180 s 2 are each amended to 17
read as follows: 18
Whenever it shall appear to the satisfaction of the court that 19
any portion or all of the real property should be sold, mortgaged or 20
leased for the purpose of raising money to pay the debts and 21
obligations of the estate, and the expenses of administration, estate 22
taxes, or for the support of the family, to make distribution, or for 23
such other purposes as the court may deem right and proper, the court 24
may order the sale, lease or mortgage of such portion of the property 25
as appears to the court necessary for the purpose aforesaid. It shall 26
be the duty of the personal representative to present a petition to 27
the court giving a description of all the property of the estate and 28
its character, the amount of the debts, expenses and obligations of 29
the estate and such other things as will tend to assist the court in 30
determining the necessity for the sale, lease or mortgage and the 31
amount thereof. Unless the court shall by order expressly so provide, 32
no notice of the hearing of such petition for sale, lease or mortgage 33
need be given, except as provided in RCW 11.28.240 and 11.48.020 34
hereof; if, however, the court should order notice of such hearing, 35
it shall determine upon the kind, character and time thereof. At the 36
hearing of such petition the court may have brought before it such 37
testimony or information as it may see fit to receive, for the 38
purpose of determining whether it should order any of the property of 39
p. 8 HB 2445
the estate sold, leased or mortgaged. The absence of any allegation 1
in the petition shall not deprive the court of jurisdiction to order 2
said sale, lease or mortgage, and the court may, if it see fit, order 3
such sale, lease or mortgage without any petition having been 4
previously presented. 5
Sec. 9. RCW 11.68.011 and 2008 c 6 s 925 are each amended to 6
read as follows: 7
(1) A personal representative may petition the court for 8
nonintervention powers, whether the decedent died testate or 9
intestate. However, a personal representative who is appointed under 10
RCW 11.28.120(3) and who is not an entity described under RCW 11
11.36.010 (2) or (3) may not petition the court for nonintervention 12
powers and may not be granted nonintervention powers.13
(2) Unless the decedent has specified in the decedent's will, if 14
any, that the court not grant nonintervention powers to the personal 15
representative, the court shall grant nonintervention powers to a 16
personal representative who petitions for the powers if the court 17
determines that the decedent's estate is solvent, taking into account 18
probate and nonprobate assets, and that: 19
(a) The petitioning personal representative was named in the 20
decedent's probated will as the personal representative;21
(b) The decedent died intestate, the petitioning personal 22
representative is the decedent's surviving spouse or surviving 23
domestic partner, the decedent's estate is composed of community 24
property only, and the decedent had no issue: (i) Who is living or in 25
gestation on the date of the petition; (ii) whose identity is 26
reasonably ascertainable on the date of the petition; and (iii) who 27
is not also the issue of the petitioning spouse or petitioning 28
domestic partner; or 29
(c) The personal representative was not a creditor of the 30
decedent at the time of the decedent's death and the administration 31
and settlement of the decedent's will or estate with nonintervention 32
powers would be in the best interests of the decedent's beneficiaries 33
and creditors. However, the administration and settlement of the 34
decedent's will or estate with nonintervention powers will be 35
presumed to be in the beneficiaries' and creditors' best interest 36
until a person entitled to notice under RCW 11.68.041 rebuts that 37
presumption by coming forward with evidence that the grant of 38
p. 9 HB 2445
nonintervention powers would not be in the beneficiaries' or 1
creditors' best interests. 2
(3) The court may base its findings of facts necessary for the 3
grant of nonintervention powers on: (a) Statements of witnesses 4
appearing before the court; (b) representations contained in a 5
verified petition for nonintervention powers, in an inventory made 6
and returned upon oath into the court, or in an affidavit filed with 7
the court; or (c) other proof submitted to the court.8
Sec. 10. RCW 11.76.010 and 2010 c 8 s 2061 are each amended to 9
read as follows: 10
(1) Not later than 30 days after the date of appointment, the 11
personal representative shall make, verify by his or her oath, and 12
file with the clerk of the court a report confirming notice to third 13
parties. The report shall contain the names and addresses of each 14
heir, legatee, devisee, beneficiary, and transferee to which the 15
personal representative provided notice of their appointment and 16
pendency of the probate in accordance with RCW 11.28.237, the details 17
of the personal representative's search to identify such persons, and 18
the date and manner in which notice was provided. The personal 19
representative's report confirming notice to third parties shall be 20
substantially in the following form:21
22 IN THE SUPERIOR COURT OF THE
23 STATE OF WASHINGTON IN AND FOR THE
24 COUNTY OF . . . . . . . . .
25
26
27
28
29
30
31
32
33
In the Matter of the Estate
of:
. . . . . . . . . .,
Deceased
No. . . . . . . . .

DECLARATION AND
REPORT OF . . . .,
PERSONAL
REPRESENTATIVE,
CONFIRMING NOTICE
TO THIRD PARTIES
(RCW 11.76.010(1))
I, . . . ., Personal Representative of the above-captioned 34
estate, submit this declaration and report confirming that notice 35
of my appointment and the pendency of this probate has been 36
p. 10 HB 2445
provided to all reasonably known heirs, legatees, devisees, 1
beneficiaries, and transferees of this estate. 2
DECLARATION OF . . . .3
I, . . . ., being over the age of 18 years, make the following 4
declaration of my own personal knowledge and under penalty of 5
perjury under the laws of the State of Washington.6
1. I am the Personal Representative of the above-captioned 7
estate.8
2. I understand I have a duty to provide notice of my 9
appointment, and notice of the pendency of this probate, to 10
all reasonably known heirs, legatees, devisees, 11
beneficiaries, and transferees of this estate.12
3. In order to identify all heirs, legatees, devisees, 13
beneficiaries, and transferees of this estate, I performed 14
the following actions:15
a. . . . .16
b. . . . .17
c. . . . .18
4. As a result of the above actions, I identified the 19
following persons, who represent all known heirs, legatees, 20
devisees, beneficiaries, and transferees of this estate 21
[include name, relationship to decedent, and address]:22
a. . . . .23
b. . . . .24
c. . . . .25
5. I provided notice of my appointment and the pendency of 26
this probate to each of the above persons as follows [include 27
date notice was provided, manner in which notice was 28
provided, and any acknowledgment of notice received]:29
a. . . . .30
b. . . . .31
c. . . . .32
6. [If applicable, additional relevant information and 33
affidavits regarding notice to third parties].34
I declare under penalty of perjury under the laws of the State of 35
Washington that the foregoing is true and correct.36
SIGNED on [date] at [city, state]37
p. 11 HB 2445
_____________________1
[Signature and name]2
(2) Not later than 30 days after opening any financial account to 3
collect and pay out sums on behalf of the estate, the personal 4
representative shall make, verify by his or her oath, and file with 5
the clerk of the court a report of the estate financial account. The 6
report shall contain the date the account was opened, the financial 7
institution holding the account, and each signatory on the account. 8
The personal representative's report of the estate financial account 9
shall be substantially in the following form:10
11 IN THE SUPERIOR COURT OF THE
12 STATE OF WASHINGTON IN AND FOR THE
13 COUNTY OF . . . . . . . . .
14
15
16
17
18
19
20
21
In the Matter of the Estate
of:
. . . . . . .,
Deceased
No. . . . . . . . .
DECLARATION AND
REPORT OF . . . .,
PERSONAL
REPRESENTATIVE,
REGARDING ESTATE
FINANCIAL ACCOUNT
(RCW 11.76.010(2))
I, . . . ., Personal Representative of the above-captioned 22
estate, submit this declaration and report regarding the estate 23
financial account opened to collect and pay out sums on behalf of 24
this estate.25
DECLARATION OF . . . .26
I, . . . ., being over the age of 18 years, make the following 27
declaration of my own personal knowledge and under penalty of 28
perjury under the laws of the State of Washington.29
1. I am the Personal Representative of the above-captioned 30
estate.31
2. On . . . ., an estate financial account was opened to 32
collect and pay out sums on behalf of this estate.33
3. The financial institution holding the estate financial 34
account is . . . .35
p. 12 HB 2445
4. The signatory on the estate financial account is . . . .1
5. [If applicable, additional relevant information regarding 2
the estate financial account].3
I declare under penalty of perjury under the laws of the State of 4
Washington that the foregoing is true and correct.5
SIGNED on [date] at [city, state]6
_____________________7
[Name of personal representative]8
(3)(a) Not less frequently than annually from the date of 9
((qualification)) appointment, unless a final report has theretofore 10
been rendered, the personal representative shall make, verify by his 11
or her oath, and file with the clerk of the court a report of the 12
affairs of the estate. Such report shall contain a statement of the 13
claims filed and allowed and all those rejected, and if it be 14
necessary to sell, mortgage, lease, or exchange any property for the 15
purpose of paying debts or settling any obligations against the 16
estate or expenses of administration or allowance to the family, he 17
or she may in such report set out the facts showing such necessity 18
and ask for such sale, mortgage, lease, or exchange; such report 19
shall likewise state the amount of property, real and personal, which 20
has come into his or her hands, and give a detailed statement of all 21
sums collected by him or her, and of all sums paid out, and it shall 22
state such other things and matters as may be proper or necessary to 23
give the court full information regarding any transactions by him or 24
her done or which should be done. ((Such))25
(b) Regardless of the date of appointment, the court or any 26
interested person may request that the personal representative file a 27
report as described in this subsection (3). Unless the court finds 28
that the request would impose an undue burden on the personal 29
representative or orders the report be filed by a different date, the 30
personal representative shall make, verify, and file with the clerk 31
of the court such report not later than 90 days after such request. 32
The personal representative shall not be required to file more than 33
two such reports per year.34
(4) The personal representative may at any time ((, however, )) 35
make, verify, and file any reports which in his or her judgment would 36
be proper ((or which )) and shall make, verify, and file any other 37
reports the court may order to be made. 38
p. 13 HB 2445
(5) If the personal representative fails to timely file a report 1
under this section, upon request of the court or any interested 2
person, within 14 days the court shall hold a formal proceeding in 3
which the personal representative shall appear and provide sworn 4
testimony regarding the facts that would be contained within the 5
report. The personal representative's failure to appear at the formal 6
proceeding, failure to testify truthfully and completely at the 7
formal proceeding, or repeated failure to timely file a report under 8
this section, shall result in the court taking any action it deems 9
just and proper to protect estate assets and rights of interested 10
persons including, but not limited to, imposition of sanctions 11
against the personal representative and revocation of the personal 12
representative's letters. The personal representative or the court 13
shall thereafter provide a copy of the court's order to each known 14
heir, legatee, devisee, beneficiary, and transferee of the estate.15
Sec. 11. RCW 11.76.030 and 2010 c 8 s 2062 are each amended to 16
read as follows: 17
(1) When the estate shall be ready to be closed, such personal 18
representative shall make, verify, and file with the court his or her 19
final report and petition for distribution. Such final report and 20
petition shall, among other things, show that the estate is ready to 21
be settled and shall show any moneys collected since the previous 22
report, and any property which may have come into the hands of the 23
personal representative since his or her previous report, and debts 24
paid, and generally the condition of the estate at that time. It 25
shall likewise set out the names and addresses, as nearly as may be, 26
of all the legatees and devisees in the event there shall have been a 27
will, and the names and addresses, as nearly as may be, of all the 28
heirs who may be entitled to share in such estate, and shall give a 29
particular description of all the property of the estate remaining 30
undisposed of, and shall set out such other matters as may tend to 31
inform the court of the condition of the estate, and it may ask the 32
court for a settlement of the estate and distribution of property and 33
the discharge of the personal representative. If the personal 34
representative has been discharged without having legally closed the 35
estate, without having legally obtained an adjudication as to the 36
heirs, or without having legally procured a decree of distribution or 37
final settlement the court may in its discretion upon petition of any 38
p. 14 HB 2445
person interested, cause all such steps to be taken in such estate as 1
were omitted or defective. 2
(2) Unless the estate is closed earlier, the court may presume 3
that the estate is ready to be closed 24 months after the personal 4
representative's date of appointment. If the personal representative 5
has not submitted his or her final report and petition for 6
distribution within 24 months of appointment, upon request of the 7
court or any interested person, the court shall order that the final 8
report and petition for distribution be submitted by a date certain, 9
which date may only be moved upon a showing of good cause. Such 10
report shall be submitted by the personal representative and enforced 11
by the court in the manner described in RCW 11.76.010 (4) and (5).12
Sec. 12. RCW 11.96A.050 and 2020 c 312 s 713 are each amended to 13
read as follows: 14
(1) Venue for proceedings pertaining to trusts is:15
(a) For testamentary trusts established under wills probated in 16
the state of Washington, in the superior court of the county where 17
the probate of the will is being administered or was completed or, in 18
the alternative, the superior court of the county where any qualified 19
beneficiary of the trust as defined in RCW 11.98.002 resides, the 20
county where any trustee resides or has a place of business, or the 21
county where any real property that is an asset of the trust is 22
located; and 23
(b) For all other trusts, in the superior court of the county 24
where any qualified beneficiary of the trust as defined in RCW 25
11.98.002 resides, the county where any trustee resides or has a 26
place of business, or the county where any real property that is an 27
asset of the trust is located. If no county has venue for proceedings 28
pertaining to a trust under the preceding sentence, then in any 29
county. 30
(2) A party to a proceeding pertaining to a trust may request 31
that venue be changed. If the request is made within four months of 32
the giving of the first notice of a proceeding pertaining to the 33
trust, except for good cause shown, venue must be moved to the county 34
with the strongest connection to the trust as determined by the 35
court, considering such factors as the residence of a qualified 36
beneficiary of the trust as defined in RCW 11.98.002, the residence 37
or place of business of a trustee, and the location of any real 38
property that is an asset of the trust. 39
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(3) Venue for proceedings subject to chapter 11.130 RCW must be 1
determined under the provisions of ((those chapters [that chapter] )) 2
that chapter. 3
(4) Venue for proceedings pertaining to the probate of wills, the 4
administration and disposition of a decedent's property, including 5
nonprobate assets, and any other matter not identified in subsection 6
(1), (2), or (3) of this section, ((must be)) is in any county in the 7
state of Washington that the petitioner selects , unless the 8
petitioner seeks appointment to administer the estate under RCW 9
11.28.120(3). If the petitioner seeks appointment under RCW 10
11.28.120(3), venue must be the county in the state of Washington 11
where the decedent resided at the time of death, or, if the decedent 12
was not a resident of the state of Washington at the time of death, a 13
county in which any part of the probate estate might be . A party to a 14
proceeding may request that venue be changed if the request is made 15
within four months of the mailing of the notice of appointment and 16
pendency of probate required by RCW 11.28.237, and except for good 17
cause shown, venue must be moved as follows: 18
(a) If the decedent was a resident of the state of Washington at 19
the time of death, to the county of the decedent's residence; or20
(b) If the decedent was not a resident of the state of Washington 21
at the time of death, to any of the following: 22
(i) Any county in which any part of the probate estate might be;23
(ii) If there are no probate assets, any county where any 24
nonprobate asset might be; or 25
(iii) The county in which the decedent died. 26
(5) Once letters testamentary or of administration have been 27
granted in the state of Washington, all orders, settlements, trials, 28
and other proceedings under this title must be had or made in the 29
county in which such letters have been granted unless venue is moved 30
as provided in subsection (4) of this section. 31
(6) Venue for proceedings pertaining to powers of attorney must 32
be in the superior court of the county of the principal's residence, 33
except for good cause shown. 34
(7) If venue is moved, an action taken before venue is changed is 35
not invalid because of the venue. 36
(8) Any request to change venue that is made more than four 37
months after the commencement of the action may be granted in the 38
discretion of the court. 39
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NEW SECTION. Sec. 13. A new section is added to chapter 11.56 1
RCW to read as follows: 2
(1) This section applies in circumstances where a transferee for 3
value has purchased a beneficiary's interest in an estate.4
(2) For purposes of this section, a transferee for value is a 5
person who satisfies both of the following criteria:6
(a) The person purchased an interest in an estate from a 7
beneficiary for consideration pursuant to a written agreement; and8
(b) The person regularly engages, directly or indirectly, in the 9
purchase of beneficial interests in estates. 10
(3) This section does not apply to the following transferees:11
(a) A person who is a beneficiary of the estate or a person who 12
has a claim to distribution from the estate under another instrument 13
or by intestate succession; or 14
(b) A person who is either the registered domestic partner of the 15
beneficiary, or is related by blood, marriage, or adoption to the 16
beneficiary or the decedent. 17
(4) An agreement to purchase an interest in an estate is 18
effective only if all the following conditions are met:19
(a) The agreement is reduced to writing, signed by the 20
beneficiary, and personally and timely delivered to the beneficiary;21
(b) The documents signed by and delivered to the beneficiary are 22
provided in at least 10-point type and are in the same language 23
principally used in any discussion or negotiation leading to the 24
execution of the agreement; 25
(c) The agreement signed by the beneficiary is filed with the 26
court and served on the personal representative not later than 30 27
days following the date of its execution or the initiation of probate 28
proceedings, whichever occurs later, and not less than 14 days prior 29
to the motion for distribution. Prior to filing or serving such 30
agreement, the transferee for value shall redact any personally 31
identifying information about the beneficiary, other than the name 32
and address of the beneficiary, from the agreement;33
(d) The transferee for value executes a declaration or affidavit 34
attesting that the requirements of this section have been satisfied, 35
and that declaration or affidavit is filed with the court no later 36
than 30 days following the date of the agreement's execution or the 37
initiation of probate proceedings, whichever occurs later, and not 38
less than 14 days prior to the motion for distribution; and39
p. 17 HB 2445
(e) The declaration or affidavit, and any other document signed 1
by the beneficiary in addition to the agreement, is served on the 2
personal representative concurrently with filing the declaration or 3
affidavit with the court. 4
(5) The agreement to purchase a beneficiary's interest in an 5
estate shall include the following terms, in addition to any other 6
terms: 7
(a) The amount of consideration paid to the beneficiary;8
(b) A description of the beneficial interest, together with a 9
good faith estimate of the value of the distribution anticipated by 10
the transferee for value; and 11
(c) The total of all costs or fees charged to the beneficiary 12
resulting from the transfer of the beneficial interest including, but 13
not limited to, transaction or processing fees, credit report costs, 14
filing fees, bank or electronic transfer costs, or any other fees or 15
costs. 16
(6) An agreement to purchase a beneficiary's interest in an 17
estate shall be voidable if it contains any of the following 18
provisions: 19
(a) A provision holding harmless the transferee for value;20
(b) A provision requiring binding arbitration;21
(c) A provision granting to the transferee for value agency 22
powers to represent the beneficiary's interest in the decedent's 23
estate beyond the interest transferred; 24
(d) A provision granting to the transferee for value the power to 25
hire or select the personal representative to administer the estate;26
(e) A provision requiring payment by the beneficiary to the 27
transferee for value for services relating to matters beyond the 28
beneficial interest transferred; or 29
(f) A provision permitting the transferee for value recourse 30
against the beneficiary if the distribution from the estate has a 31
value less than the consideration paid by the transferee for value.32
(7) The court on its own motion, or on the motion of the personal 33
representative or other interested person, may inquire into the 34
circumstances surrounding the agreement to purchase the beneficial 35
interest to determine that the requirements of this section have been 36
satisfied. 37
(8) The court may refuse to order distribution under the 38
agreement, or may order distribution of assets on any terms that the 39
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court considers just and proper, if the court finds any of the 1
following: 2
(a) The fees, charges, or costs paid or agreed to be paid by the 3
beneficiary were grossly unreasonable at the time of transfer;4
(b)(i) The agreement to purchase the beneficial interest was 5
obtained by fraud, duress, or undue influence, or contained 6
unconscionable terms at the time of transfer; 7
(ii) For purposes of this subsection (8)(b), there shall be a 8
rebuttable presumption that a purchase of a beneficial interest 9
offered, negotiated, or agreed to within 120 days of the decedent's 10
death was obtained by undue influence; 11
(c) In addition to purchasing the beneficiary's interest in the 12
estate, the transferee for value, or a principal or agent of, or 13
person acting at the behest of or in concert with, the transferee for 14
value, also purchased a major probate asset of the estate, whether 15
such asset was identified under RCW 11.28.110(1)(d) or identified 16
subsequently, for substantially less than fair market value; or17
(d) The transferee for value did not substantially comply with 18
the requirements of this section. 19
(9) For a willful violation of the requirements of this section, 20
the court may order the transferee for value to pay to the 21
beneficiary up to three times the value of the assignment, in 22
addition to any other sanction or remedy. 23
(10) Notice of any motion brought under this section shall be 24
served on the beneficiary and on the transferee for value at least 14 25
days prior to the hearing. 26
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