[WSBAPT] Notice to creditors - decedent died in Idaho

Wed May 28 10:26:11 PDT 2025

I vote with Dalynne. Our clients hire us for finality, strategy, advice.

If the goal is to protect the estate that was not required to be probated in Idaho even though domicile was plainly there, then $100 to publish in NP County, Idaho (Lewiston Morning Tribune, on border of Washington so “Washington form of notice” will be recognizable and “likely to be given credit” by a local Idaho court, one might fairly estimate), plus $x to publish in the county of WA real property location (bonus if that is your county of filing as well), then – voila! – you have done a significant amount for very little $$ to fend off creditors.

And that is true whether it’s a creditor in IDAHO who sues in an Idaho court WHERE NO PROBATE WAS DONE. That court is not going to look at a Washington statute that says “you only have to publish in the Washington county where real property/filing/whatever”!! The decedent LIVED IN IDAHO, so Idaho’s laws will determine whether a lawsuit in IDAHO against the estate will succeed or be barred, etc. etc. (It won’t be when no probate was done; but MAYBE it would be if publication was achieved in the county. Who knows?)

But just because a probate was not “needed” in “home state Idaho” does not in general in American law redirect “the relevant laws of creditors” to some other state holding the decedent’s real property. Be very certain you can tell the recipient of the Washington proceeds they are “in the clear” as to ALL CLAIMS EVERYWHERE INCLUDING IDAHO if that is what they think is happening. (I do not think they are if no probate was done in Idaho and ESPECIALLY if no publication is done in NP County if it would be easy to do.)

At least publishing in Idaho may give you a hook to something like a full faith and credit clause argument that the person is now barred IN IDAHO even without a probate being filed there, because Idaho courts should link the publication to the Washington proceeding and the creditor got exactly what Idaho law would have “given them” for notice and exactly the same 4 month claim period, a meaningful FORUM for asserting claims, etc. etc. etc.

I hope this is helpful and not merely perceived as a rant. 😉

Best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
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(509) 758-3314 (fax)
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Wednesday, May 28, 2025 10:01 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Notice to creditors - decedent died in Idaho

I think the question is beyond what is required by the statute but also what may be needed to protect the Estate and give proper notice to any creditors.
That would seem to require publishing in the county of RE owned in Washington.  The prior option provided in response to your posting would also suggest publishing in the Idaho county as well since it would be $100 or so.

Dalynne Singleton
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/>
Attorney/client meetings will be handled virtually whenever possible.  If you would like to set a consultation, please call/email one my paralegals Valerie valerie at glgmail.com<mailto:valerie at glgmail.com>, Kelly kelly at glgmail.com<mailto:kelly at glgmail.com>, or Theresa theresa at glgmail.com<mailto:theresa at glgmail.com>.  My co-counsel is Attorney Spencer Clower with paralegal, Kristin Jacobs, for Estate litigation (spencer at glgmail.com<mailto:spencer at glgmail.com> kristin at glgmail.com<mailto:kristin at glgmail.com>) & Carrie Ulrich and Candace Wilkerson, co-counsel in probate (carrie at glgmail.com<mailto:carrie at glgmail.com> and candace at glgmail.com<mailto:candace at glgmail.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 Timothy Lehr
Sent: Wednesday, May 28, 2025 9:23 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Notice to creditors - decedent died in Idaho

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<mailto:mark at mcclurelawgroup.com>>
Sent: Tuesday, May 27, 2025 7:34 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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
Managing Attorney
Law Office of Mark McClure, PS
"Why Retire With Debt?"
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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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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 Timothy Lehr <timothy at stileslaw.com<mailto:timothy at stileslaw.com>>
Sent: Tuesday, May 27, 2025 9:17 AM
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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