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

[Roger Hawkes]

Mail the notice to everyone you can think might be an heir, on the ninetieth day after first publication.  That should cut off all non filers by the end of the four month period.

Roger Hawkes, WSBA 5173
Hawkes Law Firm, P.S.
19944 Ballinger Way NE, Suite #100
Shoreline, WA 98155
And 423 Main in Sultan, WA 98294
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
206 367 5000 Office
206 367 4005 Fax



From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Thomas Hackett
Sent: Monday, July 29, 2019 2:28 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Cc: Jake Seegmuller <jake at nwlegacylaw.com>; Estate Settlement <es at nwlegacylaw.com>
Subject: [WSBAPT] RCW 11.40.020 - Notice to Creditors for an Estate

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!

[http://dev.letsconstellate.com/nwll/nwll-logo-color-small.png]
Thomas A. Hackett
Attorney
nwlegacylaw.com<http://nwlegacylaw.com/> | 360-975-7770

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