Generally speaking, any creditors of a decedent at the time of his death can file a claim against the decedent’s estate. The executor of the estate has a duty to pay any creditors that make a legitimate claim against the estate before distributing assets to the decedent’s heirs. The process the estate goes through probate and how creditors are allowed to file claims is governed by state law.
This form is a release of claims against the estate by a creditor.
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RCW 11.40. 140 provides for strict provisions if you are a creditor of Decedent and wish to present a Creditor's Claim against the estate yourself: You must prepare, file, and serve a written Creditor's Claim, and. You must set a noticed hearing and have the Court determine whether your claim should be allowed.
Otherwise, the estate remains liable (in most cases) until 24 months after date of death. This means that any heir or beneficiary who receives an estate asset remains liable for dilatory Creditor's Claims until the second anniversary of Decedent's death.
Under RCW 11.40. 051, creditors claims are forever barred if not presented within two years of the date of death. Time Limitation by Notice: Further, under the statutes, the Personal Representative may take action, by notice, to shorten the available claim period to four months.
Creditors have two months from the date of publication to file their claims.
Washington State law DOES NOT REQUIRE Probate. Probate is discretionary. Practically speaking only a small percent of deaths in Washington result in a Probate being filed.
RCW 11.40. 100 provides the requirements for rejecting a Creditor's Claim. To satisfy these requirements: Complete the Creditor's Claim that you received from the claimant.
What the notice needs to say. There are three major points that a notice to creditors needs to contain: the name of the person who has passed away, the amount of time creditors have to come forward, and contact information for the executor or the executor's lawyer.
