Revised Code of Washington

Wash. Rev. Code § 11.40.020 (2026)

Notice to creditors—Manner—Filings—Publication

✓ current as of May 2026

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(1) Subject to subsection (2) of this section, a personal representative may give notice to the creditors of the decedent, in substantially the form set forth in RCW 11.40.030, announcing the personal representative's appointment and requiring that persons having claims against the decedent present their claims within the time specified in RCW 11.40.051 or be forever barred as to claims against the decedent's probate and nonprobate assets. If notice is given:

(a) The personal representative shall file the notice with the court;

(b) The personal representative shall cause the notice to be published once each week for three successive weeks in a legal newspaper in the county in which the estate is being administered;

(c) The personal representative may, at any time during the probate proceeding, give actual notice to creditors who become known to the personal representative by serving the notice on the creditor or mailing the notice to the creditor at the creditor's last known address, by regular first-class mail, postage prepaid; and

(d) The personal representative shall also mail a copy of the notice, including the decedent's social security number, to the state of Washington department of social and health services office of financial recovery.

The personal representative shall file with the court proof by affidavit of the giving and publication of the notice.

(2) If the decedent was a resident of the state of Washington at the time of death and probate proceedings are commenced in a county other than the county of the decedent's residence, then instead of the requirements under subsection (1)(a) and (b) of this section, the personal representative shall cause the notice to creditors in substantially the form set forth in RCW 11.40.030 to be published once each week for three successive weeks in a legal newspaper in the county of the decedent's residence and shall file the notice with the superior court of the county in which the probate proceedings were commenced.

[ 2005 c 97 s 4; 1999 c 42 s 601; 1997 c 252 s 8; 1974 ex.s. c 117 s 34; 1965 c 145 s 11.40.020. Prior: 1917 c 156 s 108; RRS s 1478; prior: 1883 p 29 s 1; Code 1881 s 1468.]

Notes:

Effective date—1999 c 42: See RCW 11.96A.902.

Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.

Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.

Notes of Decisions

Cited in 17 cases (2 in the last 5 years), 1955–2025 · leading case: Washington Fed. Sav. v. Klein, 177 Wash. App. 22 (Wash. Ct. App. 2013).

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Washington Fed. Sav. v. Klein, 177 Wash. App. 22 (Wash. Ct. App. 2013). · cites it 7× “A notice to creditors was filed with the court and published in two local newspapers in January 2010, in accordance with RCW 11.40.020(l)(a), (b). ¶5 Under the probate code, in addition to publishing the notice, an estate may notify known creditors at any time by mailing the…”

Wagg v. Est. of Dunham, 146 Wash. 2d 63 (Wash. 2002). “On October 6, 1999, Benner filed a notice to creditors with the county clerk’s office as required under RCW 11.40.020. On October 18, 1999, Wagg filed a revised creditor’s claim, which amended his earlier claim to request any applicable insurance policy proceeds available.”

Wagg v. Est. of Dunham, 42 P.3d 968 (Wash. 2002). “On October 6, 1999, Benner filed a notice to creditors with the county clerk's office as required under RCW 11.40.020. On October 18, 1999, Wagg filed a revised creditor's claim, which amended his earlier claim to request any applicable insurance policy proceeds available.”

Gilkes v. Beezer, 484 P.2d 493 (Wash. Ct. App. 1971). · cites it 7× “Gilkes duly filed a creditor’s claim (RCW 11.40.020) supported by the attorney’s affidavit, but not identifying the affiant as claimant’s attorney, containing the recital “that he is duly authorized to make this claim on behalf of the claimant.”

State v. Rife, 943 P.2d 266 (Wash. 1997). “" Seattle Municipal Code § 11.40.020 provides "Pedestrians shall be subject to traffic-control signals as provided in Chapter 11.”

In Re Est. of Peterson, 9 P.3d 845 (Wash. Ct. App. 2000). “The next day, November 14, 1997, the personal representative published a notice to creditors to file all claims against the estate under RCW 11.40.020. In response to this notice, Betty Ianicelli, Peterson's daughter, filed a creditor's claim against the estate.”

Wagg v. Est. of Dunham, 26 P.3d 287 (Wash. Ct. App. 2001). “Wagg presented a notice of his creditor’s claim with the estate, pursuant to RCW 11.40.020. The claim was filed with the court on July 8.”

McKinney v. Est. of McDonald, 427 P.2d 974 (Wash. 1967). · cites it 2× “A motion for summary judgment was granted on the ground that the appellant had failed to comply with the requirement of RCW 11.40.020 which provides: Every claim served and filed as above provided shall be supported by the affidavit of the claimant that the amount is justly due,…”

Faulkner v. Mikron Indus., Inc. (In Re Heritage Org., L.L.C.), 354 B.R. 407 (Bankr. N.D. Tex. 2006). “Mikron’s summary judgment evidence raises a genuine issue of fact because (i) Mikron has provided evidence that it complied with the notice requirements of Wash. Rev.Code 11.40.020, (ii) the Court holds that the claim arose prior to Ron Sandwith's death and thus the Nonclaim…”

Wagg v. Est. of Dunham, 26 P.3d 287 (Wash. Ct. App. 2001). “Wagg presented a notice of his creditor's claim with the estate, pursuant to RCW 11.40.020. The claim was filed with the court on July 8.”

Ianicelli v. Peterson, 9 P.3d 845 (Wash. Ct. App. 2000). “The next day, November 14, 1997, the personal representative published a notice to creditors to file all claims against the estate under RCW 11.40.020. In response to this notice, Betty Ianicelli, Peterson’s daughter, filed a creditor’s claim against the estate.”

Vaughn v. Cohen (W.D. Wash. 2025). · cites it 7× “It provides: 24 1 (1) Whether or not notice is provided under RCW 11.40.020, a person having a claim against the decedent is forever barred from making a claim or commencing 2 an action against the decedent, if the claim or action is not already barred by an otherwise applicable…”

Show all 17 citing cases →

— Wash. Rev. Code § 11.40.020(1) — 1 case

Anna Pascua v. Scott Collins & John Greenway (Wash. Ct. App. 2016).

— Wash. Rev. Code § 11.40.020(1)(a) — 2 cases

Wa Fed. Sav. v. Michael Klein (Wash. Ct. App. 2013).

— Wash. Rev. Code § 11.40.020(1)(c) — 2 cases

Vaughn v. Cohen (W.D. Wash. 2025). “It provides: 24 1 (1) Whether or not notice is provided under RCW 11.40.020, a person having a claim against the decedent is forever barred from making a claim or commencing 2 an action against the decedent, if the claim or action is not already barred by an otherwise applicable…”

Anna Pascua v. Scott Collins & John Greenway (Wash. Ct. App. 2016).

— Wash. Rev. Code § 11.40.020(c) — 3 cases

Wa Fed. Sav. v. Michael Klein (Wash. Ct. App. 2013).

— Wash. Rev. Code § 11.40.020(l)(a) — 1 case

Washington Fed. Sav. v. Klein, 177 Wash. App. 22 (Wash. Ct. App. 2013). “A notice to creditors was filed with the court and published in two local newspapers in January 2010, in accordance with RCW 11.40.020(l)(a), (b). ¶5 Under the probate code, in addition to publishing the notice, an estate may notify known creditors at any time by mailing the…”

— Wash. Rev. Code § 11.40.020(l)(c) — 1 case

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