[WSBAPT] Need to Publish Notice to Creditors?

[Dalynne Singleton]

I would agree with you for the most part creditor claims are barred, but claims after 2 years for a tort claim would survive and be limited to insurance policy monies.
You open the probate and given 2 years since death, don’t need to publish but if the decedent was involved in a tort of his/her fault, there may be valid claims against an insurance liability policy.
In addition, some liens/claims for child support or IRS/Taxes would survive the 2 years statute.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Thomas Fiscus
Sent: Tuesday, December 26, 2023 11:24 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Need to Publish Notice to Creditors?

Listmates - I feel like I've seen the answer to this question before on the listserve but can't locate it.  Decedent died intestate in March 2020, but no actions were taken to probate his estate.  All debts were joint and satisfied by the surviving spouse.  For reasons related to unresolved real property interests, a probate is now deemed necessary.  Am I reading RCW 11.40.051(1)(c) correctly that because two years have passed since the decedent's death, any creditor claims not otherwise barred by a statute of limitations are also barred?  Does that mean publication of Notice to Creditors in a newspaper of record (and its expense) is unnecessary?

Thanks
Tom

Law Office of Thomas J. Fiscus
Box 1167
Eastsound, WA 98245
Ph 360-298-0534
WSBA # 44741


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