[WSBAPT] WA Publish Notice to Creditors
Jeff at bellanddavispllc.com
Jeff at bellanddavispllc.com
Fri Nov 4 13:45:30 PDT 2022
I have never heard of publishing a Washington state notice to creditors in a
different State. Assuming you publish in the decedent's Idaho County of
residence, would that have the effect of cutting off creditors in Idaho?
Would Idaho court's give full faith and credit to Washington's 4 month
cutoff period?
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: jeff at bellanddavispllc.com <mailto: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 1:25 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] WA Publish Notice to Creditors
No probate in Idaho and since he was driving a vehicle in WA - probate is
open in WA and is only probate opened.
He has no connection to King County, correct. I agree Clallam may be best
way to reach possible creditors.
Has anyone published in Idaho (or another state) with a WA probate notice to
creditors?
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: <http://www.glglawgroup.com/> 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 <mailto:theresa at glgmail.com> theresa at glgmail.com,
<mailto:angelina at glgmail.com> angelina at glgmail.com or
<mailto:cameron at glgmail.com> cameron at glgmail.com.
LICENSED IN WASHINGTON AND OREGON
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<wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of
Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com>
Sent: Friday, November 4, 2022 1:03 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] WA Publish Notice to Creditors
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
<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.bellan
ddavispllc.com%2F&data=05%7C01%7Cdalynne%40glgmail.com%7C8e4aa90a26f04b25594
a08dabea02372%7Cebbf337fee3b4dd681791c2ed72652b1%7C0%7C0%7C63803189227022815
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wiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=VRV3tTuBDdQkXdWQw0AqLareQiEmcwLqL0PvE
rPgb%2Bo%3D&reserved=0> www.bellanddavispllc.com
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From: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com>
<wsbapt-bounces at lists.wsbarppt.com
<mailto: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
<mailto: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
<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fapp.leg.wa
.gov%2FRCW%2Fdefault.aspx%3Fcite%3D11.40.020&data=05%7C01%7Cdalynne%40glgmai
l.com%7C8e4aa90a26f04b25594a08dabea02372%7Cebbf337fee3b4dd681791c2ed72652b1%
7C0%7C0%7C638031892270228158%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJ
QIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=v63CEizZ5P
jxujZyV9Yo%2BUhfNNJcOE6bdoVA3wWriQM%3D&reserved=0> 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
<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fapp.leg.wa
.gov%2FRCW%2Fdefault.aspx%3Fcite%3D11.40.030&data=05%7C01%7Cdalynne%40glgmai
l.com%7C8e4aa90a26f04b25594a08dabea02372%7Cebbf337fee3b4dd681791c2ed72652b1%
7C0%7C0%7C638031892270228158%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJ
QIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=TPkgfXNK6d
6XVuLQRnhVkAt8mVR%2B8Kw%2FXUP9iucv6v8%3D&reserved=0> 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
<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fapp.leg.wa
.gov%2FRCW%2Fdefault.aspx%3Fcite%3D11.40.051&data=05%7C01%7Cdalynne%40glgmai
l.com%7C8e4aa90a26f04b25594a08dabea02372%7Cebbf337fee3b4dd681791c2ed72652b1%
7C0%7C0%7C638031892270228158%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJ
QIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=vN%2BiPcCn
8lzRJfVcBNVdGlsgDw%2FpYL%2FilbroCTWoxfs%3D&reserved=0> 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
<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fapp.leg.wa
.gov%2FRCW%2Fdefault.aspx%3Fcite%3D11.40.030&data=05%7C01%7Cdalynne%40glgmai
l.com%7C8e4aa90a26f04b25594a08dabea02372%7Cebbf337fee3b4dd681791c2ed72652b1%
7C0%7C0%7C638031892270228158%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJ
QIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=TPkgfXNK6d
6XVuLQRnhVkAt8mVR%2B8Kw%2FXUP9iucv6v8%3D&reserved=0> 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:
<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.glglaw
group.com%2F&data=05%7C01%7Cdalynne%40glgmail.com%7C8e4aa90a26f04b25594a08da
bea02372%7Cebbf337fee3b4dd681791c2ed72652b1%7C0%7C0%7C638031892270228158%7CU
nknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJ
XVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=QCNTHpZV4JGVXx94xb0h2fIG8agxr4%2F25AOsuaqb
f8E%3D&reserved=0> 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 <mailto:theresa at glgmail.com> theresa at glgmail.com,
<mailto:angelina at glgmail.com> angelina at glgmail.com or
<mailto:cameron at glgmail.com> cameron at glgmail.com.
LICENSED IN WASHINGTON AND OREGON
IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments
accompanying it) may contain confidential information, including information
protected by attorney-client privilege. The information is intended only for
the use of the intended recipient(s). Delivery of this message to anyone
other than the intended recipient(s) is not intended to waive any privilege
or otherwise detract from the confidentiality of the message. If you are
not the intended recipient, or if this message has been addressed to you in
error, do not read, disclose, reproduce, distribute, disseminate or
otherwise use this transmission, rather, please promptly notify the sender
by reply e-mail, and then destroy all copies of the message and its
attachments, if any.
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