Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When you settle an estate in Washington, the personal representative (executor) must notify all potential creditors, including medical debt collectors, about the probate proceeding. Washington’s Probate Code outlines two methods of notice: actual notice to known creditors and constructive notice through publication.
1. Actual Notice to Known Creditors
Under RCW 11.40.020(1), the personal representative must mail or deliver a copy of the notice to each known or reasonably ascertainable creditor. To satisfy this requirement:
- Identify known creditors using the decedent’s records (e.g., billing statements, correspondence).
- Mail or deliver the notice within four months after appointment. If mailed, use first-class mail.
- Include the estate’s case number, court location, appointment date, and a deadline for presenting claims.
Creditors receiving actual notice then have three months from the date of mailing to file their claims.
2. Constructive Notice by Publication
For unknown creditors, personal representatives must publish a notice in a newspaper of general circulation in the county where probate is filed. RCW 11.40.020(3) requires the following:
- Publish once a week for two consecutive weeks.
- Begin publication within 30 days of appointment.
- State a deadline of at least four months from the date of the first publication for creditor claims.
Constructive notice through publication safeguards the estate by alerting creditors who cannot be identified in advance, such as medical debt collectors lacking complete billing details.
3. Claim Deadlines
RCW 11.40.020(2) sets the claim periods:
- Known creditors (actual notice): three months from the mailing date.
- Unknown creditors (publication): four months from the first publication date.
- Any claim filed after these deadlines is barred unless the court permits an extension for good cause.
4. Addressing Medical Debt Collectors
Medical debt collectors are treated like other creditors. If you locate their contact information, include them in the list of known creditors and send actual notice. Otherwise, they will receive constructive notice through the newspaper publication.
Helpful Hints
- Compile a thorough creditor list by reviewing bank statements, credit reports, and medical bills.
- Verify mailing addresses through creditor websites or official correspondence.
- Choose a newspaper that qualifies under RCW 11.04.010 for legal publication.
- Retain proof of mailing and publication affidavits for court records.
- Consult a probate attorney if you face complex creditor disputes or out-of-state claims.
For full statutory language, see RCW 11.40.020.