[WSBAPT] SOL against PR where PR is never discharged, but then dies, and then 2 years pass?

[Eric Nelsen]

I agree with your conclusion. If we’re talking the probate of first spouse to die, and it occurred 20-plus years ago, then I would be inclined to ignore the creditor claims filed in that probate, for several reasons.


  *   As you say--Creditors remain bound by statute of limitations on their own claims, and must comply with creditor claim process AND pursue the claim to completion before the S/L expires. Creditors are able to force acceptance or rejection of their claims. RCW 11.40.080. So, I’d argue that creditors’ failure to follow through is the cause of their loss, not any breach by the PR.
  *   Twenty years ought to be justification to argue defense of laches, not just statute of limitations. Even if they could blame the PR for missing the S/L, they sat on their hands for 20+ years.
  *   I’d bet that a lot of those claims were actually paid and the surviving spouse never bothered to get receipts or file proof of payment. I think this happens pretty commonly if the surviving spouse isn’t too interested in crossing the t’s and dotting the i’s.
  *   You also said that the second spouse died more than two years ago, which means that any possible claim they would have against PR would be against PR’s own estate—and that claim also is barred by RCW 11.40.051. I understand the thought that S/L as to breach of duty in the first estate might not begin to run until the PR dies—but inevitably any such claim is a cause of action that would have to name PR’s Estate as a defendant, and as such requires filing a creditor claim first and is subject to 2-year limit under RCW 11.40.051 as to PR’s own Estate.

I think I wouldn’t worry about it further. Who knows how many probates have been left hanging in the courts over the decades.

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>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sarah McCarthy
Sent: Thursday, September 24, 2026 12:15 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>; Elder Law Section <elder-law-section at list.wsba.org>
Subject: [WSBAPT] SOL against PR where PR is never discharged, but then dies, and then 2 years pass?

Esteemed section members:

I've got a deceased PR who apparently didn't handle things correctly in a different estate - lots of creditor claims were filed that were apparently never dealt with, and that other estate, in a different county, is STILL OPEN -- the court never made a CR 41 motion to close the estate for want of prosecution, even though the last court file activity was several years back.

The PR has now died, more than 2 years ago.  Now an estate is open for the PR's own estate.  I'm trying to reassure myself that there is no possibility that the claimants from this PRIOR estate could still have any ability to make a claim against the PR's own estate.

1) Are an estate's alleged creditor's remedies for payment of debts owed by the decedent LIMITED to the statutory remedies and procedures set forth in RCW 11.40, OR, if the creditor has procedurally complied with RCW 11.40, and then the PR of the estate doesn't properly handle creditor claims, does the alleged creditor then ALSO have the right to assert a claim against the PR for breach of fiduciary duty - which has a longer statute of limitations, needing to be filed at any time before the PR is discharged? (RCW 11.96A.070).  (I am hoping that the creditor is limited to the statutory procedures, and not this longer statute of limitations.)

2) Even if the answer to this is that the creditor DOES have this additional remedy, making a claim against the PR for breach of fiduciary duty, would that potential claim against the PR then be subject to the general 2-year creditor claim period against the PR's own estate,  RCW 11.40.020(1)(b)(ii), if the PR has later died, and more than 2 years have passed?  OR, would that potential claim against the PR be a remedy available at any time prior to the discharge of the PR of the first estate, according to the SOL for claims against PRs set forth in RCW 11.96A.070?  (I'm hoping that the 2 years would be a bar.)

3)  If the creditor gets to file their claim against the PR for breach of fiduciary anytime up to discharge of the PR under RCW 11.96A.070, does this claim expire based on the fact that the PR has now died?   By my reading of RCW 11.68.060, the death of the PR does not serve to "automatically" discharge the PR - there has to be other action taken to carry out the "discharge."   (I'm hoping that the death of the PR would have the effect of switching the avenue for bringing a claim against the PR over into the PR's own separate estate, and thus subject to the 2-year period on claims.)

If you want more detail:
JANE died 20+ years ago.
Spouse JOE appointed as PR  20+  years  ago.
JOE is also 100% beneficiary of JANE's estate.
20+ creditor claims were filed against JANE's estate, all filed 20+ years ago.
JOE never filed anything with the court to allow or reject any of the claims.
None of the creditors against JANE's estate ever took action to pursue the claims further.
Given the 20+ year passage of time, it seems clear that the SOL on all creditor claims has now passed, since they took no further action to pursue their claims beyond the initial filings. See In re Estate of Henington, 331 P.3d 112, 115 (Wash. App. 2014).
JOE then died.
JANE's estate is still open with the court.
Nothing was filed with the court in JANE's estate to notify anyone that JOE has died, nor to appoint a successsor PR of JANE's estate.
JOE's estate has now been opened, in a different county than JANE's estate.
More than 2 years have now passed since JOE's death.

Am I right that the creditors of JANE's estate don't need to be given further consideration by the PR of JOE's estate, given that a) they didn't do anything to further pursue their claims in JANE's estate, after JOE failed to respond to their initial claims, and b) they didn't assert a creditor claim against JOE's estate within the 2 years?

I *think* that the creditors' only legal remedies are the procedures set forth in RCW 11.40, and that if they didn't pursue those further, then they are now out of luck, and the SOLs on their creditor claims have now long expired given the 20+ year passage of time.   See In re Estate of Henington, 331 P.3d 112, 115 (Wash. App. 2014) (discussing RCW 11.40.051(2): "We hold that the mere filing of a creditor's claim in a probate case, without any further action by the claimant or the PR, does not toll the statute of limitations.").       So, even if a successor PR for JANE's estate were to be appointed, those creditors would be out of luck.

I also *think* that, even if the creditors did have some claim against the PR JOE for breach of his fiduciary duty in managing JANE's estate, such as a claim that he didn't correctly deal with JANE's creditors, the fact that it's now been 2+ years since JOE's death, the creditors have lost their ability to assert a claim against JOE's own estate.  RCW 11.40.020(1)(b)(ii).

Thanks for any insight!

Sarah


Sarah O’Farrell McCarthy

(Pronouns: she / her)
Attorney*, Partner | Kelly, Arndt & Walker, Attorneys at Law, PLLP
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