11.42.010 – Notice agent—Qualifications.

RCW 11.42.010 Notice agent—Qualifications. (1) Subject to the conditions stated in this chapter, and if no personal representative has been appointed in this state, a beneficiary or trustee who has received or is entitled to receive by reason of the decedent’s death substantially all of the decedent’s probate and nonprobate assets, is qualified to give […]

11.42.020 – Notice to creditors—Manner—Filings—Publication.

RCW 11.42.020 Notice to creditors—Manner—Filings—Publication. (1) Subject to subsection (2) of this section, a notice agent may give nonprobate notice to the creditors of the decedent if: (a) As of the date of the filing of the notice to creditors with the court, the notice agent has no knowledge of another person acting as notice […]

11.42.030 – Notice to creditors—Form.

RCW 11.42.030 Notice to creditors—Form. Notice under RCW 11.42.020 must contain the following elements in substantially the following form:   )   CAPTION ) No. OF CASE ) NONPROBATE   ) NOTICE TO CREDITORS   ) RCW 11.42.030 . . . . )   The notice agent named below has elected to give notice to […]

11.42.040 – “Reasonably ascertainable” creditor—Definition—Reasonable diligence—Presumptions—Petition for order.

RCW 11.42.040 “Reasonably ascertainable” creditor—Definition—Reasonable diligence—Presumptions—Petition for order. (1) For purposes of RCW 11.42.050, a “reasonably ascertainable” creditor of the decedent is one that the notice agent would discover upon exercise of reasonable diligence. The notice agent is deemed to have exercised reasonable diligence upon conducting a reasonable review of the decedent’s correspondence, including correspondence […]

11.42.050 – Claims against decedent—Time limits.

RCW 11.42.050 Claims against decedent—Time limits. (1) If a notice agent provides notice under RCW 11.42.020, any 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 limitations, unless […]

11.42.060 – Claims involving liability or casualty insurance—Limitations—Exceptions to time limits.

RCW 11.42.060 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 or the decedent’s marital community that can be fully satisfied by applicable insurance coverage or proceeds need not be […]

11.42.070 – Claims—Form—Manner of presentation—Waiver of defects.

RCW 11.42.070 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 and address of the claimant; (b) The name, address, if different from that of the claimant, and nature of authority of an agent […]

11.42.080 – Claims—Duty to allow or reject—Notice of petition to allow—Attorneys’ fees.

RCW 11.42.080 Claims—Duty to allow or reject—Notice of petition to allow—Attorneys’ fees. (1) The notice agent shall allow or reject all claims presented in the manner provided in RCW 11.42.070. The notice agent may allow or reject a claim, in whole or in part. (2) If the notice agent has not allowed or rejected a […]

11.42.085 – Property liable for claims—Payment limits.

RCW 11.42.085 Property liable for claims—Payment limits. (1) The decedent’s nonprobate and probate assets that were subject to the satisfaction of the decedent’s general liabilities immediately before the decedent’s death are liable for claims. The decedent’s probate assets may be liable, whether or not there is a probate administration of the decedent’s estate. (2) The […]

11.42.090 – Allowance of claims—Notice—Payment order.

RCW 11.42.090 Allowance of claims—Notice—Payment order. (1) If the notice agent allows a claim, the notice agent shall notify the claimant of the allowance by personal service or regular first-class mail to the address stated on the claim. A claim may not be allowed if it is barred by a statute of limitations. (2) The […]

11.42.100 – Rejection of claim—Time limits—Notice—Time limit for suit—Compromise of claim.

RCW 11.42.100 Rejection of claim—Time limits—Notice—Time limit for suit—Compromise of claim. (1) If the notice agent rejects a claim, in whole or in part, the claimant must bring suit against the notice agent within thirty days after notification of rejection or the claim is forever barred. The notice agent shall notify the claimant of the […]

11.42.110 – Effect of judgment against notice agent.

RCW 11.42.110 Effect of judgment against notice agent. The effect of a judgment rendered against the notice agent shall be only to establish the amount of the judgment as an allowed claim. [ 1997 c 252 § 35; 1994 c 221 § 41.] NOTES: Application—1997 c 252 §§ 1-73: See note following RCW 11.02.005. Effective […]

11.42.120 – Execution barred upon decedent’s death—Presentation—Sale of property.

RCW 11.42.120 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 decedent. If a notice agent is acting, the judgment must be presented in the manner provided in RCW 11.42.070, but if […]

11.42.125 – Secured claim—Creditor’s right.

RCW 11.42.125 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 the creditor to realize on the creditor’s security, whether or not the creditor presented the claim in the manner provided in RCW 11.42.070. [ 1997 c 252 § 37.] NOTES: […]

11.42.130 – Claim of notice agent or beneficiary—Payment.

RCW 11.42.130 Claim of notice agent or beneficiary—Payment. A claim of the notice agent or other person who has received property by reason of the decedent’s death must be paid as set forth in RCW 11.42.090(3). [ 1997 c 252 § 38; 1994 c 221 § 43.] NOTES: Application—1997 c 252 §§ 1-73: See note […]

11.42.140 – Notice to creditors when notice agent resigns, dies, or is removed—Limit tolled by vacancy.

RCW 11.42.140 Notice to creditors when notice agent resigns, dies, or is removed—Limit tolled by vacancy. (1) If a notice agent has given notice under RCW 11.42.020 and the notice agent resigns, dies, or is removed or a personal representative is appointed, the successor notice agent or the personal representative shall: (a) Publish notice of […]

11.42.150 – Appointment of personal representative—Cessation of notice agent powers and authority—Notice not affected—Personal representative’s powers—Petition for reimbursement for allowance and payment of claims by notice agent.

RCW 11.42.150 Appointment of personal representative—Cessation of notice agent powers and authority—Notice not affected—Personal representative’s powers—Petition for reimbursement for allowance and payment of claims by notice agent. (1) The powers and authority of a notice agent immediately cease, and the office of notice agent becomes vacant, upon appointment of a personal representative for the estate […]

11.42.900 – Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 11.42.900 Construction—Chapter applicable to state registered domestic partnerships—2009 c 521. 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 marital relationships […]