[WSBAPT] 2026 Legislative Update - Ending Probates for Profit, Charitable Orgs. Privacy Protection Act, and Electronic Notarial Acts

[Liberty Upton]

This is a quick update regarding bills that have recently been proposed for the 2026 legislative session that impact the Probate/Trust side of the WSBA RPPT:

1. HB 2445 - Ending Probates for Profit. This bill is aimed at ending the probate for profit schemes that have become an issue in the last few years: https://www.atg.wa.gov/news/news-releases/washington-holds-probates-profit-defendants-accountable

There are a lot of changes being proposed in this bill, I encourage you to read it carefully. Please note that most of the changes are aimed at people who are unrelated to the decedent who are trying to open probate. Therefore, most of the changes will only apply to full-intervention intestate estates where the person who is attempting to serve as Administrator is not a spouse/registered domestic partner or next of kin. Note that there are also special carve-outs for professional and corporate fiduciaries (including attorneys at a law firm) serving as Personal Representative/Administrator under RCW 11.36.010(2) and (3). If you are opening a testate probate, most of the proposed changes will not have an impact on that estate administration. If you are opening a probate where a "suitable person" is serving pursuant to the new RCW 11.1.28.120(3), then the proposed changes for administering such estate will be significant. The text for the bill is located here: https://lawfilesext.leg.wa.gov/biennium/2025-26/Pdf/Bills/House%20Bills/2445.pdf

2. SB 5887 - Charitable Organizations Privacy Protection Act. This bill appears to be aimed at two things: (1) prohibiting asset holders from requesting personal information from individuals that work for a charity before distributing the charity's share of the decedent's asset, and (2) making sure the charitable beneficiaries of nonprobate assets are paid in a timely manner. Please note that this bill requires distribution to the charity within 30-days of receiving the affidavit. The text for the bill is located here: https://lawfilesext.leg.wa.gov/biennium/2025-26/Pdf/Bills/Senate%20Bills/5887.pdf
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3. HB 2158 - Concerning Electronic Notarial Acts. Proposes amendments to RCW 42.45.280 regarding electronic notarial acts. The text for the bill is located here: https://lawfilesext.leg.wa.gov/biennium/2025-26/Pdf/Bills/House%20Bills/2158.pdf

If you want to receive updates on bills as they make their way through the legislative process, please sign up for the legislative tracker by emailing sevierm at ballardspahr.com<mailto:sevierm at ballardspahr.com> from your preferred email address.

As a reminder, while I'm sending out this information as a member of the executive committee of the WSBA RPPT Section, we as a Section are prohibited from commenting on legislation. I sent out an email explaining this last year, and I'm happy to resend it if needed. The short version is that we can only make comments as an individual member of the bar. Therefore, if you oppose or support any of these bills, and would like to make your opinion known, you can find more information on how to participate in the lawmaking process here: https://leg.wa.gov/learn-and-participate/

To take a position on legislation, I recommend utilizing the RPPT listserv (or other listservs that you are part of) to find other individuals that would like to provide similar feedback on proposed legislation. As we learned last year from efforts to correct the CPI reference for the WA Estate Tax Exemption, presenting a unified voice does make a difference during this process!

Best,

Liberty


Liberty Upton
Attorney
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F.K.A. KHBB Law PLLC
Tel (206) 382-4414 / Fax (206) 382-4412 liberty at bc-estatelaw.com<mailto:liberty at bc-estatelaw.com>
1000 Second Avenue / Suite 3670 / Seattle, WA 98104 / www.bc-estatelaw.com<http://www.bc-estatelaw.com/>

Please note our new firm name and address.

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