[WSBAPT] Closing Insolvent Estate - notice to unpaid creditors

[Mark Anderson]

Unpaid creditors should have already received notices of rejection of their claims under RCW 11.40.100.  If that was indeed the case (and the time limits have run), then I don't see why they should also need to receive notice under RCW 11.76.040.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
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Tacoma, Washington 98402
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marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Wednesday, January 21, 2026 12:12 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Closing Insolvent Estate - notice to unpaid creditors

I have an insolvent estate, zero assets net of administrative expense, multiple (otherwise valid) creditors that will be paid nothing.

I'm filing a Petition for a Decree of (No) Distribution and publishing the notice of hearing required under RCW 11.76.040.

I'll say at the outset that I do intend to mail notice of hearing to the unpaid creditors. HOWEVER, RCW 11.76.040 doesn't appear to require it:

Whenever a final report and petition for distribution, or either, shall have been filed in the estate of a decedent and a day fixed for the hearing of the same, the personal representative of such estate shall, not less than twenty days before the hearing, cause to be mailed a copy of the notice of the time and place fixed for hearing to each heir, legatee, devisee and distributee whose name and address are known to him or her, and proof of such mailing shall be made by affidavit and filed at or before the hearing.

Am I missing a requirement elsewhere in the statutes? Seems to me that unpaid creditors should get notice, and the potential liability of the PR under RCW 11.76.160 and .170 certainly makes it a good idea. But is it actually required?

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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