During a hearing on Tuesday, the Attorney General’s Office pushed for new legislation to bring protection and transparency to the probate system.
OLYMPIA, Wash. — Washington state lawmakers are considering new legislation to close a legal loophole that has allowed strangers to take control of estates, sell homes and pocket millions of dollars in profits without the knowledge of grieving families. Under current Washington law, anyone can file for probate control of an estate 40 days after someone dies without a will, according to Assistant Attorney General Ben Carr.
During a hearing Tuesday, the Attorney General’s Office pushed for new legislation to bring protection and transparency to the probate system, with the goal of preventing profiteers from exploiting it. The hearing focused on cases of bad actors draining estates, with particular attention on one prolific operation. Carr presented lawmakers with details about a five-year operation that targeted 13 counties across Washington state.
“After identifying homes that appeared to be unlived in, they would do quick internet searches to find out the owners had died, and that no one had launched a probate — then they themselves would go launch the probate,” Carr told lawmakers.
Investigators say between March 2019 and January 2024, John Elliott and his associates used legal loopholes to convince courts to appoint them as third-party probate administrators of approximately 200 deceased strangers’ estates, with most cases filed in Kitsap County.
They took control of estates, clearing out furniture, bagging up belongings and claiming items such as guns and cars. The operation sold at least 90 homes collectively worth more than $28 million. They collected large and unjustified commissions and fees, sometimes moving money between various trust accounts to cover their tracks, according to the Attorney General’s Office.
“He and his group siphoned millions of dollars,” Carr said.
The attorney general sued and won the case last year, with a judge ordering a $7 million penalty in fees and restitution.
“Unfortunately, in this case the main culprit is on the run. He’s facing also a criminal charge at a county level,” said Washington state Attorney General Nick Brown during an October 2025 interview.
In Olympia on Tuesday, the Northwest Justice Project also testified in support of closing the loophole.
“We have had an experience with Mr. Elliott ourselves,” said Rob Miller, a Northwest Justice Project attorney. “A loophole in our state’s current probate law allows total strangers to file probate petitions at high volume, quickly selling houses and skimming equity often without notice to heirs.”
The proposed bill aims “to place guardrails on third-party probate administrations. It provides information to families; it provides broader transparency,” according to Carr.
The legislation is designed to shield grieving families and their assets from predators hunting for profit. The request to push this bill forward is expected to be the focus of an executive session later this week.