A person having a claim against the decedent may not maintain an action on the claim unless a personal representative has been appointed and the claimant has presented the claim as set forth in this chapter. However, this chapter does not affect the notice under RCW 82.32.240 or the ability to maintain an action against a notice agent under chapter 11.42 RCW.

NOTES:

Application1997 c 252 §§ 1-73: See note following RCW 11.02.005.
Conflict with federal requirementsSeverabilityEffective date1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Effective dates1994 c 221: See note following RCW 11.100.035.
ApplicationEffective date1989 c 333: “This act is necessary for the immediate preservation of the public peace, health, or safety, or the support of the state government and its existing public institutions, and shall take effect immediately [May 11, 1989]. This act shall apply to probate proceedings that are open on or are commenced after the effective date, except that section 5 of this act shall apply only to decedents dying after the effective date.” [ 1989 c 333 § 9.]
Application, constructionSeverabilityEffective date1974 ex.s. c 117: See RCW 11.02.080 and notes following.
Publication of legal notices: Chapter 65.16 RCW.

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Terms Used In Washington Code 11.40.010

  • Decedent: A deceased person.
  • person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
  • Personal representative: includes executor, administrator, special administrator, and conservator or limited conservator and special representative. See Washington Code 11.02.005
  • Probate: Proving a will