[WSBAPT] Probate filing decedent lived in another country Notice to Creditors

[Lovie Bernardi]

Dear listmates,

PC is named personal representative and daughter of decedent. Decedent is former resident of Washington state, but lived in another country at time of death. No real estate left here, just stock account. Daughter also lives out of country. She wants to file in Washington. Question: Where do I publish notice to creditors? Decedent did not reside in any Washington county at time of death. The RCW 11.40.020 (1) (b) provides the notice is published in the county where the probate is filed, subject to 11.40.020 (2). 11.40.020 (2) provides:

If the decedent was a resident of the state of Washington at the time of death [emphasis added] 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.

I read that to mean that I publish in the county where I file the probate. Thoughts?

Lovie

Lovie L. Bernardi
Flaherty & Bernardi, PLLC
3600 15th Avenue West #205
Seattle, WA  98119
(206) 682-2616

lovie at fb-lawfirm.com<mailto:joni at sbfirm.com>
http://fb-lawfirm.com<http://sbfirm.com/>

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