Wash. Rev. Code » Title 11 · Chapter 11.40
Revised Code of Washington

Wash. Rev. Code § 11.40.010 (2026)

✓ current as of May 2026
Find cases: SyfertCases citing this section WA-LEGapp.leg.wa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
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.
[ 1997 c 252 s 7; 1995 1st sp.s. c 18 s 58; 1994 c 221 s 25; 1991 c 5 s 1; 1989 c 333 s 1; 1974 ex.s. c 117 s 33; 1967 c 168 s 7; 1965 c 145 s 11.40.010. Prior: 1923 c 142 s 3; 1917 c 156 s 107; RRS s 1477; prior: Code 1881 s 1465; 1860 p 195 s 157; 1854 p 280 s 78.]

Notes:

Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Effective dates—1994 c 221: See note following RCW 11.100.035.
Application—Effective date—1989 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 s 9.]
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.
Publication of legal notices: Chapter 65.16 RCW.
Notes of Decisions
Cited in 71 cases (1 in the last 5 years), 1953–2026 · leading case: Witt v. Young, 275 P.3d 1218 (Wash. Ct. App. 2012).
Sort: Relevance Newest Treatment
Witt v. Young, 275 P.3d 1218 (Wash. Ct. App. 2012). · cites it 12× “1 The Estate argues that Witt’s complaint was barred by the nonclaim statute, RCW 11.40.010, because Witt failed to comply with RCW 11.”
Young v. Est. of Snell, 948 P.2d 1291 (Wash. 1997). · cites it 9× “2 One limit is contained in RCW 11.40.010. It provides that claims of creditors of an estate are “forever barred” if the creditors do not file their claims with the personal representative of the estate within four months of the representative’s giving of notice of the…”
Wagg v. Est. of Dunham, 146 Wash. 2d 63 (Wash. 2002). · cites it 4× “Former RCW 11.40.010 (1995), 3 concerning notice to creditors, provides: Every personal representative shall, after appointment and.”
Wagg v. Est. of Dunham, 42 P.3d 968 (Wash. 2002). · cites it 4× “Former RCW 11.40.010 (1995), [3] concerning notice to creditors, provides: 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…”
Judson v. Associated Meats & Seafoods, 651 P.2d 222 (Wash. Ct. App. 1982). · cites it 6× “The notice was given pursuant to RCW 11.40.010, the 4-month probate nonclaim statute.”
In Re Est. of Peterson, 9 P.3d 845 (Wash. Ct. App. 2000). · cites it 4× “The court did not extend the discovery rule to the nonclaim statute, RCW 11.40.010; Ruth, 75 Wash.2d at 670 , 453 P.”
O'Steen v. Est. of Wineberg, 640 P.2d 28 (Wash. Ct. App. 1982). · cites it 3× “Whether an action against a trustee is barred by the nonclaim statute, RCW 11.40.010, when the trust property is inventoried as community property in the estate of the trustee's spouse and the beneficiary makes no claim in the estate; 3.”
Cloud v. Summers, 991 P.2d 1169 (Wash. Ct. App. 1999). · cites it 3× “Chapter 11.40 RCW governs the presentation of claims against a decedent’s estate and it sets forth time limits within which such claims must be presented.”
Belancsik v. Overlake Mem'l Hosp., 492 P.2d 219 (Wash. 1971). · cites it 4× “The trial court agreed with the contentions of the estate and granted the motion for summary judgment, holding, in effect, that appellant’s claim against the estate was barred by the normal 4-month non-claim period provided by RCW 11.40.010. *113 RCW 11.40.011 provides that: The…”
Bakke v. Buck, 587 P.2d 575 (Wash. Ct. App. 1978). · cites it 4× “RCW 11.40.010; Ruth v. Dight, 75 Wn.2d 660 , 453 P.”
New York Merch. Co. v. Stout, 264 P.2d 863 (Wash. 1953). · cites it 3× “The argument made that continuing the business without order of the court, and her acts done and promises made in that connection, rendered her personally liable for the community debt owing to appellant, is without merit.”
Hennessey Funeral Home, Inc. v. Dean, 395 P.2d 493 (Wash. 1964). · cites it 7× “110 (order of payment of debts), RCW 11.40.010 (notice to creditors — the nonclaim statute), and RCW 11.”
Show all 71 citing cases →
— Wash. Rev. Code § 11.40.010(1) — 3 cases
Wagg v. Est. of Dunham, 146 Wash. 2d 63 (Wash. 2002). “Former RCW 11.40.010 (1995), 3 concerning notice to creditors, provides: Every personal representative shall, after appointment and.”
Wagg v. Est. of Dunham, 42 P.3d 968 (Wash. 2002). “Former RCW 11.40.010 (1995), [3] concerning notice to creditors, provides: 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…”
Geschwind v. Flanagan, 828 P.2d 603 (Wash. Ct. App. 1992).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.