[WSBAPT] Notice Agent v. Personal Representative

[Dalynne Singleton]

I have client who has filed tort litigation against a now deceased defendant.

A probate cause was opened but no personal representative appointed.  A notice agent was appointed.

The tort litigation is being amended to name the notice agent but I would like clarification of RCW 11.42.100 - should I move for appointment of personal representative in the probate cause - what happens if the creditor's claim presented is not rejected or accepted?  RCW 11.42.100 seems to address only if the claim is rejected by the notice agent.

Since the statute indicates that a Personal Representative can maintain claims on behalf of decedent and be sued for claims against the decedent, what role, if any does the notice agent play v. PR?  I am concerned about RCW 11.42.110:  Effect of judgment against notice agent.
The effect of a judgment rendered against the notice agent shall be only to establish the amount of the judgment as an allowed claim.

RCW 11.42.100<http://app.leg.wa.gov/RCW/default.aspx?cite=11.42.100>
Rejection of claim-Time limits-Notice-Time limit for suit-Compromise of claim.
(1) If the notice agent rejects a claim, in whole or in part, the claimant must bring suit against the notice agent within thirty days after notification of rejection or the claim is forever barred. The notice agent shall notify the claimant of the rejection and file an affidavit with the court showing the notification and the date of the notification. The notice agent shall notify the claimant of the rejection by personal service or certified mail addressed to the claimant or claimant's agent, if applicable, at the address stated in the claim. The date of service or of the postmark is the date of notification. The notification must advise the claimant that the claimant must bring suit in the proper court against the notice agent within thirty days after notification of rejection or the claim will be forever barred.
(2) If a claimant brings suit against the notice agent on a rejected claim and the notice agent has not received substantially all assets of the decedent that are liable for claims, the notice agent may only make an appearance in the action and may not answer the action but must cause a petition to be filed for the appointment of a personal representative within thirty days after service of the creditor's action on the notice agent. Under these circumstances, a judgment may not be entered in an action brought by a creditor against the notice agent earlier than twenty days after the personal representative has been substituted in that action for the notice agent.
(3) The notice agent may, before or after rejection of any claim, compromise the claim, whether due or not, absolute or contingent, liquidated, or unliquidated.


Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street Box 13
PO Box 1091
Snohomish, WA 98291

360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>

Probate Paralegal:  theresa at glgmail.com<mailto:theresa at glgmail.com>
Arbitration/Personal Injury Paralegal:  dara at glgmail.com<mailto:dara at glgmail.com>
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