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SHB 1728

Momentum Bucket Early Stage
Legal Title AN ACT Relating to adding a nonfamilial heir to the estate tax deduction;
Bill Description Adding a nonfamilial heir to the estate tax deduction.
What this bill does
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The bill amends RCW 83.100.046 and creates additional statutory sections. It modifies Washington estate tax deduction rules by adding a new category, “qualified nonfamilial heir,” so that certain farm employees who materially participated in operating a farm and who acquired property from a decedent can qualify the property for deductions when computing the Washington taxable estate. The amendment also codifies eligibility rules and conditions for deductions for qualified real property, tangible personal property, and qualified replacement property, and adds or clarifies definitions (for example, active management; employee of a farm; farm; farming purposes; member of the family; qualified heir; qualified real property; adjusted value; qualified replacement and replaced property) with cross‑references to federal tax code provisions. The bill treats improvements, roads, buildings, and other structures that are functionally related to a qualified use as real property devoted to that use when located on property regularly occupied by the owner, lessee, or their employees. It defines “qualified woodland” and “timber operations,” specifies multi‑year ownership, use, and material participation tests (including an eight‑year period with at least five years of qualifying ownership/use/participation), provides rules for qualifying indirect ownership using 26 U.S.C. §6166(b)(1), sets limits on carryover when replacement property exceeds replaced property in fair market value, and permits substituting an earlier start date for the relevant period when the decedent had continuous Title II Social Security or disability benefits. The act relies on several federal code sections for valuation and definitional rules. This is a statutory amendment concerning estate tax deduction eligibility and procedural valuation/qualification rules; it does not create a new criminal offense or change criminal penalties. The act applies to decedents dying on or after August 1, 2025, and takes effect August 1, 2025. Important text is missing from the extracted material (the full clause defining “qualified use,” the text of the new sections referenced as Sec. 2 and Sec. 3, and any other parts of RCW 83.100.046 not included here), so some definitional and structural details and any additional changes cannot be confirmed from these facts alone.
Why it matters
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If enacted, the law would let certain farm employees who materially participated in running the farm qualify, like family heirs, for estate tax deductions on farm real property, farm equipment, and like-kind replacement property when those assets pass from a decedent. That can reduce the taxable value of a deceased farmer’s estate for deaths on or after August 1, 2025, provided the five-of-eight-year ownership/use/participation tests are met (with special rules for indirect ownership and limited carryover when replacement property is worth more), structures and farm improvements are treated as farming property, and the employee was actively employed on the date of death. The people most affected are farm owners and their estates, surviving spouses and family heirs, and long-term farm employees who materially participated; eligible employees may have a new, practical path to inherit or receive farm assets with lower estate tax exposure, while executors will need to gather and verify records on ownership periods, material participation, employment status, and any Social Security benefit timelines. Important details are missing from the provided text (the full "qualified use" definition and the new section language and renumbering), so some implementation and interpretation questions would remain until those parts are available.
Official Documents View Full Bill Text
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SHB 1728 Details and Bill Topics

Details

Date Introduced 02/26/2025
Originating Chamber House
Biennium 2025-26
Total Campaign Dollars Backing Bill $1,848,404.38

Bill Topics

TAXES - ESTATE

SHB 1728 Sponsors and Committee Hearings

Sponsors

Representative Orcutt (Primary)
Representative Morgan
Representative Manjarrez
Representative Mendoza
Representative Dufault
Representative Jacobsen
Representative Barnard
Representative Thai
Representative Eslick

Committee Hearings

Hearing House Finance (Public)
Hearing House Finance (Executive)
Go to SHB 1728 at leg.wa.gov

SHB 1728 Bill Timeline

Early Stage
1/11/2026
HRules C
By resolution, reintroduced and retained in present status.
3/18/2025
HRules C
Returned to Rules Committee for second reading.
3/3/2025
HRules C
Rules Committee relieved of further consideration. Placed on second reading.
2/27/2025
HRules C
Referred to Rules 2 Review.
2/25/2025
HRules C
FIN - Majority; 1st substitute bill be substituted, do pass.
2/25/2025
HRules C
FIN - Executive action taken by committee.
1/29/2025
HRules C
First reading, referred to Finance.

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