[WSBAPT] NOTICE TO CREDITORS

[Amy Goertz]

Hi Diane -

The Notice to Creditors isn’t governed by where the property is but rather where the decedent resided.

If Notice is given, it should be filed with the court and published in the county where the estate is being administered unless the decedent was a resident of a different county.

If the decedent was a resident of Washington and the probate was started in a county where the decedent was NOT a resident, then the Notice should be FILED in the county where the proceeding is taking place, and PUBLISHED in the county where the decedent was a resident.

Amy
 

RCW 11.40.020 <http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.020>
Notice to creditors—Manner—Filings—Publication.

(1) Subject to subsection (2) of this section, a personal representative may give notice to the creditors of the decedent, in substantially the form set forth in RCW 11.40.030 <http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.030>, announcing the personal representative's appointment and requiring that persons having claims against the decedent present their claims within the time specified in RCW 11.40.051 <http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.051> or be forever barred as to claims against the decedent's probate and nonprobate assets. If notice is given:
(a) The personal representative shall file the notice with the court;
(b) The personal representative shall cause the notice to be published once each week for three successive weeks in a legal newspaper in the county in which the estate is being administered;
(c) The personal representative may, at any time during the probate proceeding, give actual notice to creditors who become known to the personal representative by serving the notice on the creditor or mailing the notice to the creditor at the creditor's last known address, by regular first-class mail, postage prepaid; and
(d) The personal representative shall also mail a copy of the notice, including the decedent's social security number, to the state of Washington department of social and health services office of financial recovery.
The personal representative shall file with the court proof by affidavit of the giving and publication of the notice.
(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 <http://app.leg.wa.gov/RCW/default.aspx?cite=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.








Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com <mailto:amyjgoertz at icloud.com> 

1.888.926.2607 phone
1.877.684.1627 fax

Address for correspondence:
2829 S. Grand Blvd., Suite 303
Spokane, WA 99203 

Additional office locations:
510 Bell Street
Edmonds, WA 98020

Goertz & Lambrecht PLLC
www.goertzlambrecht.com <http://www.goertzlambrecht.com/>







> On Aug 12, 2022, at 2:44 PM, Diane J. Kiepe <DJKiepe at depdslaw.com> wrote:
> 
> Nonresident dies owning one parcel of real property in one county of Washington.  Probate is opened in another county because that is where attorney is and can get letters more quickly.  Where would you file notice to creditors?
>  
> Thanks for any thoughts and leads to the answer.
>  
> Diane J. Kiepe
>  
> Diane J. Kiepe
> Douglas Eden
> 717 W. Sprague Ave.
> Suite 1500
> Spokane, WA  99201
> djkiepe at depdslaw.com <mailto:djkiepe at depdslaw.com>
> 509-455-5300
>  
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com <mailto:WSBAPT at lists.wsbarppt.com>
> http://mailman.fsr.com/mailman/listinfo/wsbapt <http://mailman.fsr.com/mailman/listinfo/wsbapt>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220816/240cff6a/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: mail.gif
Type: image/gif
Size: 15153 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220816/240cff6a/mail.gif>