[WSBAPT] WA Publish Notice to Creditors

Fri Nov 4 13:03:11 PDT 2022

Dalyanne,

If he was residing in Idaho, wouldn't the Washington probate be ancillary?
Will there be a probate in Idaho?  Also, I know we can probate anywhere in
our state, not just in the county of residence, but if his wife is in Port
Angeles, does that mean he also lived in Clallam County?  If so, publishing
in the Peninsula Daily News maybe better to informing unknown creditors than
in King County.  I gather he had no connection to King?

Jeff Davis

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Dalynne Singleton
Sent: Friday, November 4, 2022 12:18 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] WA Publish Notice to Creditors

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  <http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.020> 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  <http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.030>
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
<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.051> 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
<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.030> 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

 <mailto:dalynne at glgmail.com> dalynne at glgmail.com

Website:   <http://www.glglawgroup.com/> www.glglawgroup.com

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