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Revised Code of Washington - RCW Title 11 Probate And Trust Law - Chapter 11.40 Claims Against Estate

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  • 11.40.010 Claims -- Presentation -- Other notice not affected
    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 ...
  • 11.40.020 Notice to creditors -- Manner -- Filings -- Publication
    (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 ...
  • 11.40.030 Notice to creditors -- Form
    Notice under RCW 11.40.020 must contain the following elements in substantially the following form:
    ...
  • 11.40.040 "Reasonably ascertainable" creditor -- Definition -- Reasonable diligence -- Presumptions -- Petition for order
    (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 ...
  • 11.40.051 Claims against decedent -- Time limits
    (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 ...
  • 11.40.060 Claims involving liability or casualty insurance -- Limitations -- Exceptions to time limits
    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 ...
  • 11.40.070 Claims -- Form -- Manner of presentation -- Waiver of defects
    (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 ...
  • 11.40.080 Claims -- Duty to allow or reject -- Notice of petition to allow -- Attorneys' fees
    (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 ...
  • 11.40.090 Allowance of claims -- Notice -- Automatic allowance -- Petition for extension -- Ranking of claims -- Barred claims
    (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 ...
  • 11.40.100 Rejection of claim -- Time limits -- Notice -- Compromise of claim
    (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 ...
  • 11.40.110 Action pending at decedent's death -- Personal representative as defendant
    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 ...
  • 11.40.120 Effect of judgment against personal representative
    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 ...
  • 11.40.130 Judgment against decedent -- Execution barred upon decedent's death -- Presentation -- Sale of property
    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 ...
  • 11.40.135 Secured claim -- Creditor's right
    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 ...
  • 11.40.140 Claim of personal representative -- Presentation and petition -- Filing
    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 ...
  • 11.40.150 Notice to creditors when personal representative resigns, dies, or is removed -- Limit tolled by vacancy
    (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 ...
  • 11.40.160 Personal representative as successor to notice agent -- Notice not affected -- Presumptions -- Duties
    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 ...

    • Last modified: April 7, 2009

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