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

[Eric Nelsen]

Hi Jeanne,

I have the same confusion that you do about that statute. I think it's just badly drafted. I can't make sense of the instruction to "add to the time" for filing a claim.

Examples:


  1.  Publication Jan 1, 4-months ends May 1, vacancy occurs Jun 1 and publication of notice of succession on Jun 5: add 4 days? That means May 5 instead of May 1, but publication doesn't even start until Jun 5. So it retroactively makes valid a late creditor claim filed on May 3?


  1.  Publication on Jan 1, vacancy occurs Feb 1 and publication of notice of succession on Feb 5: add 4 days. That again extends to May 5 instead of May 1. This makes a little bit more sense, but only for dates within the first four months after initial publication-and yet the statute says you have to publish notice of succession at any time in the first 24 months after date of death. What is the point of that? I suppose for "reasonably ascertainable" creditors who were not given actual notice, it alerts them to the change in who to serve with the claim; but "adding days" has no effect on those creditors, who are under the 2-year bar no matter what, and the 2-year bar is not extended by the vacancy.

My solution at this point is to just strictly follow the statute, publish the notice of vacancy and succession that quotes the language from the statute about "adding time", and hope nobody files a creditor claim. So far, that has worked for me-no claims filed, so I've never had to figure out whether the PR should assert that it was or wasn't timely.

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: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeanne Dawes
Sent: Wednesday, August 6, 2025 2:49 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Notice to Creditors upon vacancy and succession of PR

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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