[WSBAPT] PUBLISH IN TWO COUNTIES?

[Eric Nelsen]

Need only publish in the county of residence, not the county where the probate is filed. You used to have to publish in both, but the statute was amended in 2005 to eliminate the redundancy.

Compare Laws 2005, c 97, Section 4 of http://lawfilesext.leg.wa.gov/biennium/2005-06/Pdf/Bills/Session%20Laws/House/1125.SL.pdf?cite=2005%20c%2097%20%C2%A7%204
amending RCW 11.40.020 to its current reading.

I got really tripped up once by this statute shortly after it was amended-it has clear directions in 1(a) and (b), and if you don't read all the way to down to the bottom, you don't catch the "but if" of Section 2 that tells you to ignore 1(a) and (b) if the probate is filed in a different county from decedent's residence. That's just a terrible way to structure a statute, if I may whine for a moment.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
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Seattle WA 98144-3909
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eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jennifer Gellner
Sent: Tuesday, October 27, 2020 4:12 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] PUBLISH IN TWO COUNTIES?

Dear All:

Client resided and died in Lewis County and probate opened in King County.  In reading RCW 11.40.020(2):

(2) If the decedent was a resident of the state of Washington at the time of death and probate
proceedings are commenced in a county other than the county of the decedent's residence, then
instead of the requirements under subsection (1)(a) and (b) of this section, the personal
representative shall cause the notice to creditors in substantially the form set forth in RCW 11.40.030
to be published once each week for three successive weeks in a legal newspaper in the county of the
decedent's residence and shall file the notice with the superior court of the county in which the
probate proceedings were commenced.

In the KCBA Probate CLE last Friday, I felt the presenters made it clear that you had to publish in BOTH county of residence and county of probate case, but when I read the statute, I was okay to have published only in Lewis county where D resided and passed, and filed the notice in the county of the proceedings.

Are people typically publishing in both to be careful?  Is there some other reason?

Let me know - thanks!!

Jennifer A. Gellner, LL.M.
Principal, Gellner Law Group
P: (425) 235-5535 │ Toll-Free: (877) 252-0738
E: jennifer at gellnerlawgroup.com<mailto:jennifer at gellnerlawgroup.com>
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