Transfers to charities

AN ACT Relating to protecting charitable organizations and 1
ensuring the timely and secure transfer of property designated to 2
them; adding a new chapter to Title 11 RCW; and prescribing 3
penalties. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. SHORT TITLE. This act may be known and 6
cited as the charitable organizations privacy protection act.7
NEW SECTION. Sec. 2. PURPOSE. The legislature finds that 8
charitable organizations play a vital role in serving the people of 9
Washington and that they are often named as beneficiaries in 10
nonprobate instruments such as life insurance policies, retirement 11
accounts, and other beneficiary designations.12
The legislature further finds that these organizations have faced 13
unnecessary administrative delays and improper requests for personal 14
information unrelated to the transfer of property.15
It is the intent of the legislature to protect the privacy of 16
individuals affiliated with charitable organizations, to promote 17
efficient transfers of property to charitable beneficiaries, and to 18
ensure that the intent of decedents who make charitable gifts through 19
beneficiary designations is fulfilled. 20
H-2922.1
HOUSE BILL 2500
State of Washington 69th Legislature 2026 Regular Session
By Representatives Volz, Leavitt, Nance, Chase, and Hill
Read first time 01/15/26. Referred to Committee on Civil Rights &
Judiciary.
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NEW SECTION. Sec. 3. DEFINITIONS. The definitions in this 1
section apply throughout this chapter unless the context clearly 2
requires otherwise.3
(1) "Beneficiary designation" means a provision in an instrument, 4
other than a will or a trust, designating a beneficiary to receive an 5
interest in property at the owner's death. The term includes, but is 6
not limited to: 7
(a) An annuity or insurance policy; 8
(b) An account with a designation for payment on death;9
(c) A security registered in beneficiary form;10
(d) A pension, profit-sharing, retirement, or other employment-11
related benefit plan; or 12
(e) Any other nonprobate transfer at death. 13
(2) "Charitable organization" means any entity recognized as 14
exempt from federal income tax under section 501 (c)(3) of the 15
internal revenue code and registered as a charitable organization 16
with the secretary of state under chapter 19.09 RCW.17
(3) "Holder of property" means any person, financial institution, 18
transfer agent, insurance company, or other entity in possession of, 19
or responsible for, property subject to a beneficiary designation.20
NEW SECTION. Sec. 4. NOTIFICATION OF CHARITABLE BENEFICIARIES. 21
(1) If the holder of property that has a beneficiary designation has 22
been notified of the death of the owner of the property, the holder 23
of the property shall, within 10 business days, provide written 24
notice to each charitable organization listed under the beneficiary 25
designation that the charitable organization may have a right to the 26
property.27
(2) The notice must include the name and contact information of 28
the holder of the property and instructions for how to submit a claim 29
or inquiry regarding the designated property. 30
NEW SECTION. Sec. 5. CHARITABLE ORGANIZATION AFFIDAVIT. (1) A 31
charitable organization designated as a beneficiary in a beneficiary 32
designation may present an affidavit to the holder of property or to 33
any person with information about the property to obtain the property 34
or information regarding the property.35
(2) The affidavit must include: 36
(a) The decedent's name and last known address;37
(b) A general description of the property, to the extent known;38
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(c) The charitable organization's name, address, and primary 1
contact information; 2
(d) A statement that the organization is a charitable 3
organization as defined in this chapter; 4
(e) A request that the property be transferred or information 5
released to the charitable organization; 6
(f) A statement that no other person has a superior right to the 7
property; and 8
(g) A declaration under penalty of perjury that the information 9
in the affidavit is true and correct. 10
(3) The affidavit must be accompanied by: 11
(a) A copy of the organization's internal revenue service 12
determination letter; 13
(b) A certificate of existence issued by the secretary of state;14
(c) Verification of the decedent's death, such as a death 15
certificate, a published notice of probate, proof of payment of the 16
decedent's funeral expenses, a newspaper obituary article, or a 17
published death notice; 18
(d) Evidence of the affiant's authority to act on behalf of the 19
organization; and 20
(e) A completed internal revenue service form W-9 for the 21
organization. 22
NEW SECTION. Sec. 6. RESTRICTIONS ON REQUESTS FOR PERSONAL 23
INFORMATION. (1) A holder of property may not request or require any 24
personal identifying information from any individual employed by or 25
serving on the governing board of a charitable organization as a 26
condition of transferring property or releasing information under 27
this chapter.28
(2) For purposes of this section, "personal identifying 29
information" includes, but is not limited to: 30
(a) Social security numbers or driver's license numbers;31
(b) Contact information; 32
(c) Personal financial information; 33
(d) Dates of birth; 34
(e) Passports; 35
(f) Home addresses; 36
(g) Home phone numbers; 37
(h) Annual income, including child support; 38
(i) Value of personal assets and source of wealth;39
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(j) Credit checks; 1
(k) Criminal background checks; 2
(l) Marital status; 3
(m) Number of dependents; and 4
(n) Spouse's maiden name. 5
NEW SECTION. Sec. 7. PROHIBITED CONDITIONS ON PAYMENT. The 6
holder of property shall not:7
(1) Require the charitable organization to open an account or 8
otherwise become a customer of the financial institution or insurance 9
company; 10
(2) Require co-beneficiaries to submit claims simultaneously or 11
impose coordination deadlines among co-beneficiaries; or12
(3) Delay payment to any co-beneficiary if other co-beneficiaries 13
have not submitted their claim documentation. 14
NEW SECTION. Sec. 8. DUTIES AND PROTECTIONS OF HOLDERS OF 15
PROPERTY. (1) A holder of property that receives an affidavit meeting 16
the requirements of this chapter shall, within 30 days, ensure that 17
the property be paid, delivered, or transferred directly to the 18
charitable organization if the affidavit has requested the transfer 19
of ownership of the property to the charitable organization.20
(2) A holder of property or person acting in good faith in 21
reliance on an affidavit under this chapter is not liable to any 22
person for acting on the affidavit and may assume without inquiry the 23
truth of the facts stated in the affidavit. 24
(3) A transaction entered into by a charitable organization in 25
reliance on property received under this chapter is valid 26
notwithstanding any later misapplication by the charitable 27
organization. 28
NEW SECTION. Sec. 9. CAUSE OF ACTION. (1) If the holder of 29
property fails to transfer the property, provide the requested 30
information, or deliver required notice under this chapter, the 31
charitable organization may bring an action in superior court to 32
compel compliance or obtain damages.33
(2) The court may award: 34
(a) Actual damages; 35
(b) Court costs; 36
(c) A civil penalty between $500 and $10,000; and37
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(d) Reasonable attorneys' fees. 1
(3) An action under this section must be commenced within one 2
year after the date of the act or failure to act. 3
NEW SECTION. Sec. 10. RULE OF CONSTRUCTION. This chapter must 4
be liberally construed to protect the privacy of charitable 5
organizations and to promote the prompt and secure transfer of 6
property to charitable beneficiaries.7
NEW SECTION. Sec. 11. CODIFICATION. Sections 1 through 10 of 8
this act constitute a new chapter in Title 11 RCW.9
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