[WSBAPT] Judgment Creditor against estate

[Marcus Fry]

Query: Below is the pertinent statute.  I have a situation where a creditor obtained a judgment prior to decedent's death, which constitutes a lien against real property.  If the creditor doesn't file a claim in the estate by the statutory deadline, is the creditor's judgment lien still valid under RCW 11.40.135?  The use of the word "secured" leads me to read the statute to apply only where the creditor has been granted security in the property as opposed to just a judgment that simply attaches to any real estate owned by the creditor.

Anyone dealt with this before?

RCW 11.40.135
Secured claim-Creditor's right.
If a creditor's claim is secured by any property of the decedent, this chapter does not affect the right of a creditor to realize on the creditor's security, whether or not the creditor presented the claim in the manner provided in RCW 11.40.070<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.070>.


Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

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