Z-0434.2 _______________________________________________
HOUSE BILL 1060
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State of Washington 52nd Legislature 1991 Regular Session
By Representatives Ludwig, Padden, R. Meyers, Orr, Winsley and Sheldon.
Read first time January 17, 1991. Referred to Committee on Judiciary.
AN ACT Relating to notice to the creditors of a deceased person; amending RCW 11.40.010; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 11.40.010 and 1989 c 333 s 1 are each amended to read as follows:
Every personal representative shall, after appointment and qualification, give a notice to the creditors of the deceased, stating such appointment and qualification as personal representative and requiring all persons having claims against the deceased to serve the same on the personal representative or the estate's attorney of record, and file an executed copy thereof with the clerk of the court, within four months after the date of the first publication of such notice described in this section or within four months after the date of the filing of the copy of such notice with the clerk of the court, whichever is the later, or within the time otherwise provided in RCW 11.40.013. The four-month time period after the later of the date of the first publication of the notice to creditors or the date of the filing of such notice with the clerk of the court is referred to in this chapter as the "four-month time limitation." Such notice shall be given as follows:
(1) The personal representative shall give actual notice, as provided in RCW 11.40.013, to such creditors who become known to the personal representative within such four-month time limitation;
(2) The personal representative shall cause such notice to be published once in each week for three successive weeks in the county in which the estate is being administered; and
(3) The personal representative shall file a copy of such notice with the clerk of the court.
Except as otherwise provided in RCW 11.40.011 or 11.40.013, any claim not filed within the four-month time limitation shall be forever barred, if not already barred by any otherwise applicable statute of limitations. Proof by affidavit of the giving and publication of such notice shall be filed with the court by the personal representative.
NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.