Washington Code 11.40.030 – Notice to creditors — Form
Current as of: 2023 | Check for updates
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Notice under RCW 11.40.020 must contain the following elements in substantially the following form:
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CAPTION
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No.
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OF CASE
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PROBATE NOTICE TO
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CREDITORS
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RCW 11.40.030
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The personal representative named below has been appointed as personal representative of this estate. Any person having a claim against the decedent must, before the time the claim would be barred by any otherwise applicable statute of limitations, present the claim in the manner as provided in RCW 11.40.070 by serving on or mailing to the personal representative or the personal representative’s attorney at the address stated below a copy of the claim and filing the original of the claim with the court in which the probate proceedings were commenced. The claim must be presented within the later of: (1) Thirty days after the personal representative served or mailed the notice to the creditor as provided under RCW 11.40.020(1)(c); or (2) four months after the date of first publication of the notice. If the claim is not presented within this time frame, the claim is forever barred, except as otherwise provided in RCW 11.40.051 and 11.40.060. This bar is effective as to claims against both the decedent’s probate and nonprobate assets.
Date of First
Terms Used In Washington Code 11.40.030
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Decedent: A deceased person.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Personal representative: includes executor, administrator, special administrator, and conservator or limited conservator and special representative. See Washington Code 11.02.005
- Probate: Proving a will
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
Publication:
Personal Representative:
Attorney for the Personal Representative:
Address for Mailing or Service:
Court of probate proceedings and cause number:
[ 2005 c 97 § 5; 1997 c 252 § 9; 1989 c 333 § 7; 1977 ex.s. c 234 § 8; 1974 ex.s. c 117 § 35; 1965 c 145 § 11.40.030. Prior: 1963 c 43 § 1; 1917 c 156 § 109; RRS § 1479; prior: Code 1881 § 1469; 1873 p 285 § 156; 1854 p 281 § 82.]
NOTES:
Rules of court: SPR 98.08W, 98.10W, 98.12W.
Application—1997 c 252 §§ 1-73: See note following RCW 11.02.005.
Application—Effective date—1989 c 333: See note following RCW 11.40.010.
Application, effective date—Severability—1977 ex.s. c 234: See notes following RCW 11.20.020.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.