[WSBAPT] Nonprobate Notice to Creditors - how to close the matter

Wed Jun 17 12:16:02 PDT 2026

A follow-up to my original email:

After posting my question earlier I did a little more close reading of the statutes, and here is what I see.

RCW 11.42.040(3) allows the notice agent to pursue one or both of two courses of action:

 *   File an affidavit into the matter reciting facts indicating the notice agent exercised reasonable diligence as described in 11.42.040(1) in attempting to identify ascertainable creditors, with specific details of what documents and records were examined.  This affidavit supports the presumptions under 11.42.040(2) that the notice agent exercised reasonable diligence, and any creditors not ascertained thereby are not reasonably ascertainable.

 *   Petition the court under 11.96A.080 for an order declaring the notice agent has made the review under 11.42.040(1) and any creditors not known to the notice agent after the review are not reasonably ascertainable, with notice of the hearing on the petition made by publication per 11.96A.110.  In addition to the cost of notice by publication, my understanding is the petition for a judicial proceeding under 11.96A.080 must be commenced as a new action (according to 11.96A.090).

The order would be nice, but in my case (no known creditors, no claims filed), the cost of filing a new matter to petition for an order and publishing notice, on top of the original filing fee and publishing the nonprobate notice to creditors, would drive the total cost of the matter over the amount they would have paid to do a simple probate.  The choice is up to them of course, but I would be comfortable with just filing the affidavit and setting a reminder for the two-year claim limit after which they can consider the matter closed.

If anyone has successfully petitioned the court for an order under 11.42.040(3) in the existing nonprobate NTC matter rather than opening a new matter, I would love to hear about it.

Thanks,
Sara

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sarah McCarthy
Sent: Wednesday, June 17, 2026 10:30 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Nonprobate Notice to Creditors - how to close the matter

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Sarah O’Farrell McCarthy

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On Wed, Jun 17, 2026 at 10:11 AM Sara D. Longley <sara.longley at practus.com<mailto:sara.longley at practus.com>> wrote:
Hello listmates,

My clients opened a matter for a nonprobate Notice to Creditors under RCW 11.42 for a gentleman (with no surviving spouse) who arranged his estate so no probate was needed to transfer his assets.  The Notice Agent was duly appointed and the Nonprobate Notice to Creditors was published and mailed to DSHS, and the four-month claim period has expired with no claims filed.  No readily ascertainable creditors were identified, as the decedent’s finances were managed by the Notice Agent prior to his death and all his bills were paid when received.

The statute is silent on how to close the court matter.  What do we need to do?  Does it just close on its own, or is there a Declaration of some sort that we need to file?  Do we need to wait the full two years before the Notice Agent resigns, just in case a creditor appears and asserts they were reasonably ascertainable and should have received direct notice?

Assuming somebody on the list has done this before, what have you done to finalize the matter and get your Notice Agent off the hook after the claim period has expired?

Thanks in advance,
Sara

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