[WSBAPT] Notice to creditors - decedent died in Idaho

Wed May 28 09:22:37 PDT 2025

d(2) begins with “If the decedent was a resident of the state of Washington at the time of death…publish in the county of the decedent’s residence…”

Here, the decedent was a resident of Idaho at the time of death. So wouldn’t that section not apply to these facts? We’re filing in WA because there is WA real estate to deal with and the PR lives in Washington. But decedent was a resident and died in Idaho.

Timothy C. Lehr
Attorney & Partner

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From: Mark McClure, J.D. - McClure Law Group <mark at mcclurelawgroup.com>
Sent: Tuesday, May 27, 2025 7:34 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Notice to creditors - decedent died in Idaho

Opposite. County of residence. See (d)(2).

Mark C. McClure
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On Tue, May 27, 2025, 6:19 PM Nick Pleasants <npleasants at ohswlaw.com<mailto: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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To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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

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