Detailed Answer
In Washington, a personal representative must follow the creditor notice process outlined in RCW 11.40.020 to invoke the two-year bar on creditor claims. Under RCW 11.40.020(5), any claim not presented within two years of the decedent’s date of death is barred, subject to limited exceptions. To verify that notice requirements were satisfied in the original estate, the client should:
- Obtain the complete probate file: Request certified copies of the Letters Testamentary or Letters of Administration and the docket from the Superior Court Clerk’s office in the county where the estate was probated.
- Review the Notice to Creditors: Confirm the estate filed a Notice to Creditors that includes the decedent’s name, date of death, case number, and the deadline for submitting claims. See RCW 11.40.020.
- Check proof of personal service: Look for affidavits or waivers confirming that known creditors received direct notice by mail or personal delivery.
- Confirm publication in a qualified newspaper: Locate an Affidavit of Publication showing that the Notice to Creditors ran once a week for four consecutive weeks in a newspaper of general circulation, as required by RCW 11.40.020.
- Verify timeline calculations: Ensure the published notice date and date of death are at least two years prior to today’s date, making any late claim barred under the two-year rule.
- Identify exceptions: Note any exceptions, such as claims by governmental entities, which may follow different deadlines under RCW 11.40.020(6).
Helpful Hints
- Search the court’s electronic records: Many Washington counties provide online access via Odyssey Portal.
- Contact the probate clerk: Clerks can guide you on obtaining certified documents and fee schedules.
- Examine related filings: Inventory and appraisement documents may attach the notice as an exhibit.
- Watch for amendments: A personal representative may amend the notice; review all supplements or errata.
- Consult a local attorney: They can spot defects in notice that might toll deadlines.
Disclaimer: This article is for general informational purposes and does not constitute legal advice. For advice specific to your situation, please consult a licensed attorney in Washington.