Title 11 — Title 11 PROBATE AND TRUST LAW
52 chapters · 970 sections in this title.
RCW 11.40.010 Claims—Presentation—Other notice not affected.
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A person having a claim against the decedent may not maintain an action on the claim unless a personal representative has been appointed and the claimant has presented the claim as set forth in this chapter. However, this chapter does not affect the notice under RCW 82.32.240 or …
RCW 11.40.020 Notice to creditors—Manner—Filings—Publication.
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(1) Subject to subsection (2) of this section, a personal representative may give notice to the creditors of the decedent, in substantially the form set forth in RCW 11.40.030, announcing the personal representative's appointment and requiring that persons having claims against t…
RCW 11.40.030 Notice to creditors—Form.
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Notice under RCW 11.40.020 must contain the following elements in substantially the following form:CAPTION)No.OF CASE)PROBATE NOTICE TO )CREDITORS. . . .)RCW 11.40.030The personal representative named below has been appointed as personal representative of this estate. Any person …
RCW 11.40.040 "Reasonably ascertainable" creditor—Definition—Reasonable diligence—Presumptions—Petition for order.
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(1) For purposes of RCW 11.40.051, a "reasonably ascertainable" creditor of the decedent is one that the personal representative would discover upon exercise of reasonable diligence. The personal representative is deemed to have exercised reasonable diligence upon conducting a re…
RCW 11.40.051 Claims against decedent—Time limits.
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(1) Whether or not notice is provided under RCW 11.40.020, a person having a claim against the decedent is forever barred from making a claim or commencing an action against the decedent, if the claim or action is not already barred by an otherwise applicable statute of limitatio…
RCW 11.40.060 Claims involving liability or casualty insurance—Limitations—Exceptions to time limits.
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The time limitations for presenting claims under this chapter do not accrue to the benefit of any liability or casualty insurer. Claims against the decedent or the decedent's marital community that can be fully satisfied by applicable insurance coverage or proceeds need not be pr…
RCW 11.40.070 Claims—Form—Manner of presentation—Waiver of defects.
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(1) The claimant, the claimant's attorney, or the claimant's agent shall sign the claim and include in the claim the following information:(a) The name and address of the claimant;(b) The name, address, if different from that of the claimant, and nature of authority of an agent s…
RCW 11.40.080 Claims—Duty to allow or reject—Notice of petition to allow—Attorneys' fees.
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(1) The personal representative shall allow or reject all claims presented in the manner provided in RCW 11.40.070. The personal representative may allow or reject a claim in whole or in part.(2) If the personal representative has not allowed or rejected a claim within the later …
RCW 11.40.090 Allowance of claims—Notice—Automatic allowance—Petition for extension—Ranking of claims—Barred claims.
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(1) If the personal representative allows a claim, the personal representative shall notify the claimant of the allowance by personal service or regular first-class mail to the address stated on the claim.(2) A claim that on its face does not exceed one thousand dollars presented…
RCW 11.40.100 Rejection of claim—Time limits—Notice—Compromise of claim.
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(1) If the personal representative rejects a claim, in whole or in part, the claimant must bring suit against the personal representative within thirty days after notification of rejection or the claim is forever barred. The personal representative shall notify the claimant of th…
RCW 11.40.110 Action pending at decedent's death—Personal representative as defendant.
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If an action is pending against the decedent at the time of the decedent's death, the plaintiff shall, within four months after appointment of the personal representative, serve on the personal representative a petition to have the personal representative substituted as defendant…
RCW 11.40.120 Effect of judgment against personal representative.
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The effect of any judgment rendered against a personal representative shall be only to establish the amount of the judgment as an allowed claim.[ 1997 c 252 s 18; 1965 c 145 s 11.40.120. Prior: 1917 c 156 s 118; RRS s 1488; prior: Code 1881 s 1478; 1854 p 282 s 90.]Notes:Applicat…
RCW 11.40.130 Judgment against decedent—Execution barred upon decedent's death—Presentation—Sale of property.
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If a judgment was entered against the decedent during the decedent's lifetime, an execution may not issue on the judgment after the death of the decedent. The judgment must be presented in the manner provided in RCW 11.40.070, but if the judgment is a lien on any property of the …
RCW 11.40.135 Secured claim—Creditor's right.
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If a creditor's claim is secured by any property of the decedent, this chapter does not affect the right of a creditor to realize on the creditor's security, whether or not the creditor presented the claim in the manner provided in RCW 11.40.070.[ 1997 c 252 s 20.]Notes:Applicati…
RCW 11.40.140 Claim of personal representative—Presentation and petition—Filing.
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If the personal representative has a claim against the decedent, the personal representative must present the claim in the manner provided in RCW 11.40.070, and the allowance or rejection of the claim shall be addressed, resolved, and settled under the procedures provided under c…
RCW 11.40.150 Notice to creditors when personal representative resigns, dies, or is removed—Limit tolled by vacancy.
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(1) If a personal representative has given notice under RCW 11.40.020 and then resigns, dies, or is removed, the successor personal representative shall:(a) Publish notice of the vacancy and succession for two successive weeks in the legal newspaper in which notice was published …
RCW 11.40.160 Personal representative as successor to notice agent—Notice not affected—Presumptions—Duties.
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If a notice agent had commenced nonprobate notice to creditors under chapter 11.42 RCW, the appointment of the personal representative does not affect the filing and publication of notice to creditors and does not affect actual notice to creditors given by the notice agent. The p…
RCW 11.40.900 Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
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For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to …