Why Washington State’s New House Bill 2445 Matters to the UK Heir Tracing Industry

Washington State’s House Bill 2445 may not have attracted much attention in the UK probate genealogy sector, but it should.

The legislation is specifically aimed at preventing so-called “probates for profit”, introducing greater transparency around heir-finder agreements, tighter controls on third-party administrators, and stronger protections for beneficiaries.

In my view, this is a positive development for genuine probate research firms.

Professional heir tracing firms should be paid for what they do best: identifying missing beneficiaries, proving entitlement, and reuniting families with assets they did not know existed. That is a legitimate professional service with a clear and transparent fee. At Fraser and Fraser, while we carry out some estate administration in-house to provide a seamless service, our core fees are generated from the work of identifying beneficiaries and establishing entitlement.

The real problems arise when the true profit is generated elsewhere, transforming heir tracing into little more than a lead generator for secondary revenue streams.

Over recent years, we have seen an increasing number of businesses position themselves as probate specialists while generating substantial income from associated services and connected businesses. A particularly concerning trend involves probate research firms owning, operating or being closely connected to estate administration businesses, specialist auction platforms, estate agencies, property developers, inheritance funding providers, or other businesses that derive revenue from estate assets.

There is nothing inherently wrong with providing multiple services. However, when properties are marketed through connected companies, estates are administered by associated businesses, or beneficiaries are encouraged towards linked service providers, transparency becomes essential. Beneficiaries should be able to understand who is acting for them, who is being paid, what alternatives are available, and where the commercial incentives lie.

The more revenue that can be extracted from the estate itself, the less important the original heir-tracing service becomes.

A beneficiary should always know exactly who is paying whom, who is acting in their interests, what alternatives are available, and where the real profit in the transaction is being made.

The Washington State legislation serves as a timely reminder that transparency must remain at the heart of our industry. If we are to maintain public trust, the focus must always remain on delivering a professional, transparent service to beneficiaries and ensuring that any potential conflicts of interest are identified, disclosed and properly managed.

For those firms whose business is genuinely built on finding heirs rather than monetising estates, this legislation should be welcomed. It reinforces an important principle: probate genealogy is a profession in its own right, not simply the first step in a chain of ancillary profit opportunities.