[WSBAPT] RCW 11.40.020 - Notice to Creditors for an Estate

[Thomas Hackett]

Hey colleagues-

We have a probate where the decedent was the driver of a vehicle in a fatal
accident. There was also a passenger. Both the driver and passenger died in
the accident. There are no probate assets and so we are using the
provisions of RCW 11.40.020 to limit the creditor claim period to 4 months.
That said, we are unsure about giving specific notice to the passenger's
estate and family.

So far, there is no estate open for the passenger. In looking at RCW 4.20
regarding wrongful death actions, I see that the surviving spouse and
children are the beneficiaries of a wrongful death action - though it is
brought by the PR of the decedent's estate. Procedurally, it would be ideal
if the passenger's family opened a probate so we could give notice to the
appointed PR. With no probate estate opened for the passenger's estate and
therefor no PR for his estate, we are planning to give notice to the
surviving spouse and children (that we know of). I'm unsure if notice the
passenger's family will actually be effective without having a PR
appointed.

Any insights or relevant case law is appreciated.

Thanks!

Thomas A. Hackett
Attorney
nwlegacylaw.com | 360-975-7770
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