Detailed Answer
Under Washington law, an executor must gather key documentation when responding to a creditor’s settlement demand. Washington’s probate statutes in Title 11 RCW set deadlines and requirements for handling claims. Executors should collect the following materials before evaluating or settling a claim:
- Letters Testamentary or Letters of Administration – Official court documents proving the executor’s authority. See RCW 11.28.065 for issuance details: https://apps.leg.wa.gov/rcw/default.aspx?cite=11.28.065.
- Death Certificate – Certified copy confirming the decedent’s passing.
- Original Claim or Demand Letter – The creditor’s written notice of debt or settlement demand. This serves as the basis for your response.
- Contracts, Promissory Notes, and Agreements – Any signed documents showing the terms and amount of the debt.
- Invoices, Statements, and Billing Records – Detailed accounting of charges, services, or goods provided, and payment history.
- Estate Inventory and Appraisals – A comprehensive list of estate assets and their values under RCW 11.42.010: https://apps.leg.wa.gov/rcw/default.aspx?cite=11.42.010.
- Estate Ledger or Accounting – Records tracking all receipts and distributions from estate accounts.
- Correspondence with the Creditor – Emails, letters, or notes of phone calls showing attempts to verify or negotiate the debt.
- Insurance Policies and Coverage Details – Policies that may cover liabilities or claims against the estate.
- Bank Statements and Financial Records – Documentation of estate account balances and transactions.
- Tax Returns and Filings – Estate tax returns, final individual returns, and related schedules.
Once gathered, review the creditor’s claim against your records and applicable statutes. Under RCW 11.40.020, a creditor must present a claim within four months after the first publication of notice to creditors or six months after service of notice. If the claim appears valid, negotiate payment from estate assets. If you dispute the amount or validity, you may file a petition with the court to reject or modify the claim.
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Helpful Hints
- Organize documents by date and type for quick reference.
- Confirm statute deadlines using RCW 11.40.020 to avoid barred claims.
- Keep detailed notes of all communications with creditors.
- Retain originals and deliver certified copies as needed.
- Consult a qualified probate attorney early for complex or large claims.
- Maintain a secure, backed-up system for digital records.