Washington Code 11.42.030 – Notice to creditors — Form
Current as of: 2023 | Check for updates
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Notice under RCW 11.42.020 must contain the following elements in substantially the following form:
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CAPTION
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No.
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OF CASE
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NONPROBATE
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NOTICE TO CREDITORS
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RCW 11.42.030
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The notice agent named below has elected to give notice to creditors of the above-named decedent. As of the date of the filing of a copy of this notice with the court, the notice agent has no knowledge of any other person acting as notice agent or of the appointment of a personal representative of the decedent’s estate in the state of Washington. According to the records of the court as are available on the date of the filing of this notice with the court, a cause number regarding the decedent has not been issued to any other notice agent and a personal representative of the decedent’s estate has not been appointed.
Terms Used In Washington Code 11.42.030
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Decedent: A deceased person.
- Oath: A promise to tell the truth.
- 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
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
Any person having a claim against the decedent must, before the time the claim would be barred by any otherwise applicable statute of limitations, present the claim in the manner as provided in RCW 11.42.070 by serving on or mailing to the notice agent or the notice agent’s attorney at the address stated below a copy of the claim and filing the original of the claim with the court in which the notice agent’s declaration and oath were filed. The claim must be presented within the later of: (1) Thirty days after the notice agent served or mailed the notice to the creditor as provided under RCW 11.42.020(2)(c); or (2) four months after the date of first publication of the notice. If the claim is not presented within this time frame, the claim is forever barred, except as otherwise provided in RCW 11.42.050 and 11.42.060. This bar is effective as to claims against both the decedent’s probate and nonprobate assets.
Date of First
Publication:
The notice agent declares under penalty of perjury under the laws of the state of Washington on , [year] , at [city] , [state] that the foregoing is true and correct.
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Signature of Notice Agent
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Notice Agent:
Attorney for the Notice Agent:
Address for Mailing or Service:
Court of Notice Agent’s oath and declaration and cause number:
NOTES:
Application—1997 c 252 §§ 1-73: See note following RCW 11.02.005.
Effective dates—1994 c 221: See note following RCW 11.100.035.