[WSBAPT] County to file Non-probate notice to creditors

[Eric Nelsen]

I think, given the link between the definition of "notice county" and payment of the filing fee to the clerk in that county, that one must file the Notice in the county where the Notice is to be published. See RCW 11.42.010(3)(a)(i)<http://app.leg.wa.gov/rcw/default.aspx?cite=11.42&full=true#11.42.010>. I agree it's best practice, to publish in the county of residence--but I think the statute literally allows the notice to be published in any county where probate could be commenced, because publication is to be in the "notice county." RCW 11.42.020(2)(b)<http://app.leg.wa.gov/rcw/default.aspx?cite=11.42&full=true#11.42.020>.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040



From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Monday, August 17, 2015 3:25 PM
To: wsbar trust
Subject: [WSBAPT] County to file Non-probate notice to creditors

I know that we can file a probate in any county (as long as we publish a notice to creditors in the county of decedent’s residence).  I am assuming that we can do the same with a non-probate notice to creditors: i.e. file it in any superior court but publish it in the count of decedent’s residence.

Anyone think differently?

Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734
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