Detailed Answer
Short answer: Under Washington probate law, a creditor who files a claim after the applicable statutory claim period generally faces a strong presumption that the claim is barred. Known creditors who received mailed notice normally have 90 days to present claims; unknown creditors who learn of the estate through published notice normally have 4 months from first publication. A late claim can sometimes be allowed, but only in limited situations and usually only with court approval. See Washington’s probate claims rules at the Revised Code of Washington, Chapter 11.40: https://app.leg.wa.gov/rcw/default.aspx?cite=11.40.
How the deadlines work in Washington
The personal representative (executor or administrator) must give notice to creditors. Washington treats two common notice methods differently:
- Mail notice to known creditors: these creditors generally must present their claims within 90 days after the mail notice is sent.
- Published notice for unknown creditors: creditors who learn of the estate from the published notice generally must present claims within 4 months after the date of first publication.
These rules are part of the statutes governing allowance and payment of claims. For the statutory framework, see the probate claims chapter: https://app.leg.wa.gov/rcw/default.aspx?cite=11.40 and the notice provisions at: https://app.leg.wa.gov/rcw/default.aspx?cite=11.40.020.
What typically happens if a creditor files after the 90‑day mailing period?
When a creditor files a claim after the 90‑day period for a mailed notice has passed, the personal representative can file a formal objection and ask the probate court to disallow the claim as untimely. The probate court will usually disallow the claim unless the creditor can show a recognized reason to excuse the delay. Common reasons a court may consider include:
- Lack of proper notice: the creditor never received the mailed notice, or the PR did not prove proper mailing.
- Excusable neglect or unavoidable delay: facts showing the creditor acted reasonably once they learned of the estate.
- Fraud or misconduct by the personal representative that prevented timely filing.
- Allowance by statute or court order in special circumstances where fairness requires it and the estate or heirs are not unfairly prejudiced.
Even with one of these reasons, the creditor must convince the court it has a valid claim and explain the delay. Courts weigh prejudice to the estate and heirs when deciding whether to allow a late claim.
Special situations to watch for
- Secured creditors: rights tied to collateral (for example, a mortgage or car lien) often survive probate and may be enforced outside the probate claims process. Filing a late unsecured claim does not revive secured rights lost by foreclosure or separate remedies.
- Claims already paid or settled: if the estate already distributed assets, a late claim may be harder to satisfy unless the court orders otherwise.
- Creditor lawsuits: a creditor who sues the estate after the deadline may obtain a judgment, but a successful defense for the estate is often that the claim was untimely under the probate statute.
Practical steps for the personal representative (executor)
- Keep proof of mailing and publication. Evidence that notice was mailed to a creditor is a strong defense to a late claim.
- Object promptly when a late claim is filed. File a written objection and request a hearing if appropriate.
- Document any payments already made and the estate’s assets available to pay creditors.
- Get legal advice if a late claim is large or if the creditor alleges lack of notice or fraud.
Practical steps for a creditor who missed the 90‑day deadline
- Act immediately after discovering the estate. File the claim and a petition to allow a late claim explaining the reasons for delay.
- Collect evidence of why notice was not received (change of address, failure of the PR to mail, etc.).
- Show prompt action once the creditor learned of the decedent’s death.
- Consider negotiating with the personal representative before asking the court to allow the claim.
Where to find the law
Washington’s statutory rules for creditor claims in probate appear in Chapter 11.40 RCW. Start here to read the statutes: https://app.leg.wa.gov/rcw/default.aspx?cite=11.40. For the notice-to-creditors provision, see the relevant sections within that chapter: https://app.leg.wa.gov/rcw/default.aspx?cite=11.40.020.
Helpful Hints
- Verify whether the estate published a notice and whether you received direct mailed notice. The applicable deadline depends on how notice was given.
- Preserve all documentation: mailing receipts, certified mail green cards, publication notices, and any communications with the personal representative.
- If you are the personal representative, file proof of mailing and publication in the court record when you give notice. That makes defending against late claims easier.
- Distinguish secured vs unsecured claims. Secured creditors may have remedies that do not depend on the 90‑day rule.
- Small or uncontested late claims sometimes are settled rather than litigated. Weigh the cost of court against the amount in dispute.
- When in doubt, consult an attorney experienced in Washington probate law promptly. Timing matters.
Disclaimer: This article explains general Washington law and common court practice. It is for informational purposes only and is not legal advice. For advice about a specific estate or claim, consult a licensed Washington attorney.