[WSBAPT] Notice of Rejection of Creditor's claim is not personally served or served by certified mail, not valid
Mark Anderson
marka at mbaesq.com
Fri May 22 09:59:25 PDT 2026
Would the answers change in the following scenario?
Notice to Creditors was published and also mailed to an individual potential creditor (PC). PC sent Estate counsel copies of checks that she says she wrote on behalf of the Decedent. PC did not make any explicit request that she be reimbursed for any of the checks. PC did not file a creditor claim with the Court. PR acknowledges it would be appropriate for PC to be reimbursed for some but not all of the checks and writes a letter to PC to that effect. PC has not responded to PR's letter.
Would a formal rejection still be required here?
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 209, PMB 4-12
Tacoma, Washington 98402
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Friday, May 22, 2026 6:43 AM
To: ak at seattle-silvalaw.com; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Notice of Rejection of Creditor's claim is not personally served or served by certified mail, not valid
Simple answer is No – the rejection of the claim is not valid if it is served by some method other than personal service or certified mail (unless the defect is waived or cured). The statute is explicit and typically strictly applied because it triggers a short 30‑day limitations period. See RCW 11.40.100(1) which provides: “The personal representative shall notify the claimant of the rejection by personal service or certified mail addressed to the claimant… The date of service or of the postmark is the date of notification.” The court treats this notice provision as strictly tied to cutting off the creditor’s rights: The 30‑day statute of limitations does not run unless proper statutory notice is given. If service is defective (e.g., regular mail, email, or service on the wrong person), the rejection is generally ineffective to start the 30‑day clock.
The rejection notice requires notice of the 30‑day deadline to sue, or the claim “is forever barred” language. See Marquam v. Ellis, 27 Wn. App. 41 (1980) which holds that rejection notice must be sent to the claimant (not just the attorney). Commonly cited for strict compliance with notice requirements in this context.
Dalynne Singleton
Dalynne Singleton
Gourley Law Group
Snohomish Escrow/The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
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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 Andrekita Silva
Sent: Wednesday, May 20, 2026 11:50 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] If a Notice of Rejection of Creditor's claim is not personally served or served by certified mail, is it valid?
Law Office of F. Andrekita Silva
______________________________________________________________________________________________________________________________
May 20, 2026
List serve,
If a Notice of Rejection of Creditor's claim is not personally served or served by certified mail, is it valid?
It was filed with the court and served within 20 days, but only sent by regular U.S. Mail.
Andrekita Silva
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 940
Seattle, Washington 98101-2509
206-224-8288
ak at seattle-silvalaw.com<mailto:ak at seattle-silvalaw.com>
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