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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 37866
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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In the event of a death, how do I word a notice to report

Customer Question

in the event of a death, how do I word a notice to report any leans against the estate and how long does the notice neet to be published
JA: What state are you in? It matters because laws vary by location.
Customer: washington
JA: Has anything been filed or reported?
Customer: no, no credit cards or outstanding debts
JA: Anything else you want the lawyer to know before I connect you?
Customer: my concern is the state because she had medicade for several years and then she sold her mobile home
Submitted: 8 months ago.
Category: Legal
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Are you talking about the creditor notice that an executor has to publish in the local newspaper?

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thanks

Barrister

Customer: replied 8 months ago.
Expert:  Barrister replied 8 months ago.

Ok, if you are executor, you don't have to legally post a notice under Washington law if you choose not to, but it is a good idea. Publishing a Probate Notice to Creditors allows you to reduce the Statute of Limitations from 24 months after date of death to 4 months after the date of first publication for any claim that would not have been expected to have been found in a diligent review of Decedent's correspondence and financial records.

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So by doing the notice, you can cut the creditor claims period from 24 months down to 4 months..

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This is covered under RCW 11.40.030 (click link) as to what has to be included and the language, but if you just contact the local newspaper and ask for the classified department, they should have the standard language for the notice because they do these all the time...

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But this is the standard format:

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Notice under RCW 11.40.020 must contain the following elements in substantially the following form:

CAPTION) No.

OF CASE ) PROBATE NOTICE TO

) CREDITORS

. . . .

)

RCW 11.40.030

The personal representative named below has been appointed as personal representative of this estate. 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 11.40.070 by serving on or mailing to the personal representative or the personal representative'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 probate proceedings were commenced. The claim must be presented within the later of: (1) Thirty days after the personal representative served or mailed the notice to the creditor as provided under RCW 11.40.020(1)(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 11.40.051 and 11.40.060. This bar is effective as to claims against both the decedent's probate and nonprobate assets.

Date of First

Publication:

Personal Representative:

Attorney for the Personal Representative:

Address for Mailing or Service:

Court of probate proceedings and cause number:

.

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thanks

Barrister