[WSBAPT] Successor PR Question

Jennifer L White jen at appletreelaw.com
Mon Oct 26 12:27:33 PDT 2020


Hi Jacob,
Here's the statute with the instructions:
RCW 11.40.150<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.150>
Notice to creditors when personal representative resigns, dies, or is removed-Limit tolled by vacancy.
(1) If a personal representative has given notice under RCW 11.40.020<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.020> and then resigns, dies, or is removed, the successor personal representative shall:
(a) Publish notice of the vacancy and succession for two successive weeks in the legal newspaper in which notice was published under RCW 11.40.020<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.020> if the vacancy occurred within twenty-four months after the decedent's date of death; and
(b) Provide actual notice of the vacancy and succession to a creditor if: (i) The creditor filed a claim and the claim had not been accepted or rejected by the prior personal representative; or (ii) the creditor's claim was rejected and the vacancy occurred within thirty days after rejection of the claim.
(2) The time between the resignation, death, or removal and first publication of the vacancy and succession or, in the case of actual notice, the mailing of the notice of vacancy and succession must be added to the time within which a claim must be presented or a suit on a rejected claim must be filed. This section does not extend the twenty-four month self-executing bar under RCW 11.40.051<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.051>.


Jennifer L. White, Esq.
[cid:image002.jpg at 01D6AB93.60728B30]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jacob Menashe
Sent: Monday, October 26, 2020 12:22 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Successor PR Question

I have a pretty basic question involving a successor PR. Should the new PR file and publish a new notice to creditors, especially if you are still within four months after publication? This seems like a basic question but I am not coming up with the answer.

Thanks,

Jacob

Jacob H. Menashe
Hickman Menashe, PS
4211 Alderwood Mall Blvd., Suite 204
Lynnwood, WA 98036
(425) 744-5658 phone
(425) 744-6078 fax
Satellite Office in Bellevue
www.hickmanmenashe.com

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