[WSBAPT] Notice to creditors - decedent died in Idaho

Tue May 27 19:58:26 PDT 2025

If they resided in a different county in Washington, then the statute
requires that notice be published in the county of their residence instead
of the county where the probate is filed.

(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 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.

Respectfully,

Jamia S. Burns
Attorney at Law
(360) 739-6379
Office: 1200 Dupont St., Suite 1-D
Bellingham, WA 98225 (By Appointment Only)
jamia at jamiaburnslaw.com
www.jamiaburnslaw.com

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On Tue, May 27, 2025, 6:19 PM Nick Pleasants <npleasants at ohswlaw.com> wrote:

> Timothy,
> I believe the statute requires publication only in the county where the
> estate is being probated. RCW 11.40.020(1)(b).
> Best,
> Nick
>
> *Nicholas Pleasants | Shareholder*
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> ------------------------------
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> on behalf of Timothy Lehr <
> timothy at stileslaw.com>
> *Sent:* Tuesday, May 27, 2025 9:17 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Notice to creditors - decedent died in Idaho
>
>
> All,
>
>
>
> Filing probate in a county here in WA for decedent who passed away in Nez
> Perce County Idaho (there are WA assets to deal with and PR lives here in
> WA). In reading RCW 11.40.020, I don’t see any requirement to publish the
> notice to creditors in Idaho. Am I required to publish in Nez Perce County
> or can I just publish in the county where probate is being opened? The
> statute only seems to talk about publishing in the county of decedent’s
> death “If the decedent was a resident of the State of Washington at the
> time of death…” – which isn’t the case here.
>
>
>
> Thanks for any input.
>
>
>
> *Timothy C. Lehr*
>
> Attorney & Partner
>
>
>
>
>
> p: 360.855.0131
>
> e: timothy at stileslaw.com
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> w: www.stileslaw.com
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