June 11, 2026, Probate Update #2
Effective June 11, 2026, the legislature updated the probate statute for probates of estates where the decedent did not have a will. The changes generally attempt to increase transparency in the probate process and ensure that the heirs and beneficiaries of an estate receive as much as they are entitled to. In the past, some people have administered probates for their own profit and without the best interest of the heirs in mind. These two changes are meant to address those, and other, issues.
The first change is restrictions on personal representatives (administrators) who do not have a meaningful, legal connection to the deceased. Different rules apply to a variety of people who may petition the court to open a probate. These other classes of people include surviving spouses, next of kin, trustees for the descendant, guardians, people who had the power of attorney, and creditors of the estate. For people who do not fall into those classes of people, new restrictions are in place, including:
- They may not be appointed as personal representative until 90 days after the date of death.
- They may only receive compensation from the estate for their actual hours worked as PR.
- They may not receive any assets from the estate.
- They cannot be granted non-intervention powers, which means they must get court approval for the sale of assets of the estate, payment of creditors and disbursements to heirs.
- They must post a bond equal to the estimated value of the assets of the estate.
- They may not serve in this position more than two times per year.
See RCW 11.28.120 effective June 11, 2026.
A second change that is designed to protect heirs is that the legislature added additional classes of people who are not qualified to serve as the administrator of an estate. These include:
- Minors.
- Any person who has had Letters revoked for cause in the last 24 months.
- Anyone who has been found by a court or administrative agency to have engaged in acts dishonesty, theft, or breach of fiduciary duty in the last 36 months.
- Anyone acting in concert with a person or entity who is likely to be involved in the sale, purchase, repair or transfer of a major probate asset.
See RCW 11.36.010 effective June 11, 2026. Together, these changes will make “probate for profit” less lucrative and punishable by sanction if someone engages in those practices. The potential downside of the changes is that if a friend of the family wants to serve as administrator, and all the heirs consent to their appointment, they will still be held back by the laws that were meant to protect the heirs. This will result in a more expensive probate, and it does not appear from the statute that the heirs can waive these restrictions to allow their family friend to administer the estate without court intervention and without posting a bond.
To learn more please contact Beresford Booth at info@beresfordlaw.com or by phone at (425) 776-4100.