[WSBAPT] The new Ending Probate for Profit statute

Wed May 6 08:38:56 PDT 2026

Brent or Liberty (or anyone else interested in more McKarcher statutory analysis/questions),

I have finally had time this morning to review the new "Ending Probates for Profit" bill (HB 2445 – Ending Probates for Profit. Effective on 6/11/26 https://app.leg.wa.gov/billsummary?BillNumber=2445&Year=2025&Initiative=false).

I now understand what is going on and intended here. I have two questions, if anyone is game to volunteer an answer, which I readily admit is asking for a statutory interpretation subject to a court's future ruling determining the answer "for real":

  1.
In other states, such as Idaho, the persons with priority for nomination as PR can also unanimously NOMINATE a third party-- what I will call for Washington purposes a "suitable person" -- to serve. That person could have the equivalent of Washington's nonintervention powers. I have such a case presently: woman died with what she thought was a will; it was absolutely not; so she was intestate; her three siblings are distant and not willing to serve as PR; but the woman's local best friend IS and the siblings were grateful for her to serve as PR as a "suitable person." I see no way for these three siblings with priority of appointment in intestacy to nominate this "incredibly well-suited person" operating fully under the advice of (cough cough) "suitable counsel" (my associate Mary and me 😉) to be nominated or appointed in fewer than 90 days. Maybe UNLESS . . . everyone agrees that a court could simply accept the nomination and appoint the PR and "who cares if nobody protests." Please note that a nonjudicial TEDRA would not work quickly here, because the other heirs-at-law are 4 nephews and a minorgrand-niece of the decedent. So any nonjudicial TEDRA drafted simply to NOMINATE this "suitable person" would require first the appointment of the minor's GAL (no problem); and then the signature of all "interested persons," NOT JUST THOSE WITH PRIORITY OF APPOINTMENT, which would exclude at least the minor child. (If your eyes are crossed yet, my point is simply: Are we sure we don't want to allow those with priority of appointment simply to be able to NOMINATE a third party that nobody thinks is trying to profit from probate? Does anyone know if this nomination power has ever even been discussed in Washington?)
  2.
When 90 days has passed and a perfectly GOOD FAITH neighbor of a dilapidated but $1 million property wishes to find a legal way to buy it, not steal it, can that neighbor hire Good Faith Washington Lawyer to apply for Appointment -- imagine the LAWYER (or trust company) applies, which is permitted. Unless I'm not reading things correctly, that lawyer could not accept fees from the neighbor to facilitate the perfectly lawful proceeding, thorough search for heirs using a legit private investigator, fully noticed petition, appointment, etc. -- but could only be paid strictly as allowed by the Court out of the estate and thus at the one judge's whim of what a proper fee may be. Is this a proper reading of this statute, or am I (surely?) missing something? If I am not missing something, is this a lawful impediment upon the rights of Americans to hire and pay counsel to achieve lawful aims; or, stated otherwise, is this a NECESSARY impediment to getting that neighborhood blight sold and the money into the hands of any possible heirs able to be found or else to the State via escheat? [I fully admit I assume I am reading this set of provisions incorrectly. I am guessing someone has an answer that shows me how I'm wrong. But I figure that answer will highlight the point for all readers of our fine listserv as well, so I offer up my ignorance for the benefit of all! 😜]

I am making efforts at coming to Vancouver to attend Brent's hour-long (should it be a morning-long?) presentation on this statute.

I do not oppose what it's aiming to do. I was surprised by it, and I missed any announcement of its consideration on the listserv earlier this year, but I had a rough first 4 months and was largely off the listserv admittedly. Lucky you all!

All my best, Josh

Joshua McKarcher

Attorney, Owner
McKarcher Law PLLC
o: (509) 758-3345
josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>

________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Liberty Upton <liberty at bc-estatelaw.com>
Sent: Tuesday, May 5, 2026 11:56 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] 2026 Legislative Update and RPPT Midyear Conference

You don't often get email from liberty at bc-estatelaw.com. Learn why this is important<https://aka.ms/LearnAboutSenderIdentification>
1. 2026 Real Property, Probate, and Trust Section Midyear Conference. The RPPT Midyear will be June 5th – 7th at the Hilton in Vancouver, Washington. The deadline to get in on the RPPT room block at the hotel is May 13th. You can register here: https://www.mywsba.org/PersonifyEbusiness/Default.aspx?TabID=1356&productId=28499234

2. Legislative Update. The following bills passed during the recent legislative session and will go into effect soon:

  1.  SB 6347 – Changes to Estate Tax Rates and Estate Tax Exemption for deaths on or after 7/1/26. https://app.leg.wa.gov/BillSummary/?BillNumber=6347&Year=2026

  1.  HB 2445 – Ending Probates for Profit. Effective on 6/11/26. Brent Williams-Ruth will be doing a full hour-long presentation at the RPPT Midyear about the changes to the probate process because of this bill. There are major changes especially for intestate estates. https://app.leg.wa.gov/billsummary?BillNumber=2445&Year=2025&Initiative=false

  1.  SB 6346 – Millionaires’ Tax. Effective dates are all over the place and it is already being challenged. https://app.leg.wa.gov/billsummary/?BillNumber=6346&Year=2025&Initiative=false

               d. HB 2158 – Electronic Notarial Acts effective 1/1/27. https://app.leg.wa.gov/BillSummary/?BillNumber=2158%20&Year=2025&Initiative=false

Happy reading!

Liberty Upton
Attorney
[cid:image001.png at 01DCDC85.8FA57A60]
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.

Vacation Notice: I will be out of the office June 5th – June 24th.

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