[WSBAPT] creditors barred after 2 years from date of death

[Krista MacLaren]

Hi Everyone,

I am wondering if anyone can confirm that a creditor who has not been provided with notice under RCW 11.40.020 and is reasonably ascertainable will be barred from making a claim two years from decedent’s date of death unless that creditor files a claim in the probate proceeding as specified in RCW 11.40.070?  Is this bar absolute regardless of what communication may have been exchanged between the creditor and counsel or family of decedent?  I am thinking of the following scenario:

Decedent dies under circumstances such that there are wrongful death claims against a medical provider or facility.  The wrongful death attorney’s office communicates with the creditors to determine what they believe is owed, presumably as part of a damages assessment.  The creditor thinks the bill is being addressed due to ongoing negotiations for settlement of the wrongful death claim, because the fact of the medical bills is known by everyone involved.  If the two years from date of death comes and goes, no notice is ever provided to the medical providers, nor published in the decedent’s county of residence, a wrongful death settlement is reached, and the probate attorney decides not to pay the medical providers because no claim was ever filed in the probate and served on the PR/PR’s attorney, do the creditors have any kind of estoppel claim?  I think the creditor has an affirmative duty to file a proper claim under the time limits of RCW 11.40.051 whether or not they receive notice or the bill has been discussed, but has this been litigated?

Thank you!

Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle, WA 98115
(206)523-6116
kjm.inc at mac.com <mailto:kjm.inc at mac.com>

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