[WSBAPT] WA Publish Notice to Creditors

[Dalynne Singleton]

I have an estate in which the decedent was killed in an auto collision in WA and I've opened probate in King county.  Decedent had Idaho driver's license.  His wife resided in Port Angeles, Clallam County, but he had left the state and was living in Idaho before he died.  Wife does not know about his debts, so I was going to publish Notice to Creditors.  My reading of statute is to publish in King County but wonder if anyone has published in another state as well?

He did not live with his wife in Clallam County so RCW 11.40.020 (2) does not seem to apply:

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.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.1717  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
Attorney/client meetings will be handled by teleconference or virtually whenever possible.  I am available by email, telephone, in-person or zoom.  If you would like to set a conference with me, please call or email my paralegal theresa at glgmail.com<mailto:theresa at glgmail.com>, angelina at glgmail.com<mailto:angelina at glgmail.com> or cameron at glgmail.com<mailto:cameron at glgmail.com>.
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