[WSBARP] Notice to Creditors upon vacancy and succession of PR

[Jeanne Dawes]

Listmates,

I am having a bit of confusion about the number of days to add to the claim period when a new PR is appointed.  The vacancy and succession appointment occurred in the same order entered August 4.  The first publication date for the Notice will be August 8 -- 4 days.  The original claim period expired August 4, so the 4 day add-on means it would be extended to August 8.  If that is the case why are we publishing twice (2 successive weeks)?  Does anyone disagree that claim period is extended by 4 days according to the statute?
If anyone has had experience with this, I would love to chat.  My deadline for changing the publication notice (if it needs to be changed) is tomorrow at noon.

Here is the statute:

RCW 11.40.150<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.150>
Notice to creditors when personal representative resigns, dies, or is removed-Limit tolled by vacancy.
(1) If a personal representative has given notice under RCW 11.40.020<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.020> and then resigns, dies, or is removed, the successor personal representative shall:
(a) Publish notice of the vacancy and succession for two successive weeks in the legal newspaper in which notice was published under RCW 11.40.020<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.020> if the vacancy occurred within twenty-four months after the decedent's date of death; and
(b) Provide actual notice of the vacancy and succession to a creditor if: (i) The creditor filed a claim and the claim had not been accepted or rejected by the prior personal representative; or (ii) the creditor's claim was rejected and the vacancy occurred within thirty days after rejection of the claim.
(2) The time between the resignation, death, or removal and first publication of the vacancy and succession or, in the case of actual notice, the mailing of the notice of vacancy and succession must be added to the time within which a claim must be presented or a suit on a rejected claim must be filed. This section does not extend the twenty-four month self-executing bar under RCW 11.40.051<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.051>.


Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice:  509-326-7500
Fax:      509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>

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