Revised Code of Washington

Wash. Rev. Code § 11.40.040 (2026)

"Reasonably ascertainable" creditor—Definition—Reasonable diligence—Presumptions—Petition for order

✓ current as of May 2026

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(1) For purposes of RCW 11.40.051, a "reasonably ascertainable" creditor of the decedent is one that the personal representative would discover upon exercise of reasonable diligence. The personal representative is deemed to have exercised reasonable diligence upon conducting a reasonable review of the decedent's correspondence, including correspondence received after the date of death, and financial records, including personal financial statements, loan documents, checkbooks, bank statements, and income tax returns, that are in the possession of or reasonably available to the personal representative.

(2) If the personal representative conducts the review, the personal representative is presumed to have exercised reasonable diligence to ascertain creditors of the decedent and any creditor not ascertained in the review is presumed not reasonably ascertainable within the meaning of RCW 11.40.051. These presumptions may be rebutted only by clear, cogent, and convincing evidence.

(3) The personal representative may evidence the review and resulting presumption by filing with the court an affidavit regarding the facts referred to in this section. The personal representative may petition the court for an order declaring that the personal representative has made a review and that any creditors not known to the personal representative are not reasonably ascertainable. The petition must be filed under RCW 11.96A.080 and the notice specified under RCW 11.96A.110 must also be given by publication.

[ 1999 c 42 s 607; 1997 c 252 s 10; 1994 c 221 s 28; 1974 ex.s. c 117 s 36; 1965 c 145 s 11.40.040. Prior: 1917 c 156 s 110; RRS s 1480; prior: Code 1881 s 1470; 1854 p 281 s 83.]

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.

Effective dates—1994 c 221: See note following RCW 11.100.035.

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

Order of payment of debts: RCW 11.76.110.

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 2004–2026 · leading case: Fitzgerald v. Mountain-West Resources, Inc., 294 P.3d 720 (Wash. Ct. App. 2012).

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Fitzgerald v. Mountain-West Resources, Inc., 294 P.3d 720 (Wash. Ct. App. 2012). · cites it 7× “” RCW 11.40.040(1). The PR is deemed to have exercised reasonable diligence “upon conducting a reasonable review of the decedent’s correspondence, including correspondence received after the date of death, and financial records, including personal financial statements, loan…”

Carlton v. Black, 153 Wash. 2d 152 (Wash. 2004). “See RCW 11.40.040(2) (standard of proof to overturn presumption that personal representative exercised reasonable diligence to determine identity of decedent’s creditors); RCW 11.”

In Re Est. of Black, 102 P.3d 796 (Wash. 2004). “040(2) (same for notice agent handling creditors against nonprobate assets); RCW 11.”

In Re Est. of Little, 113 P.3d 505 (Wash. Ct. App. 2005). “RCW 11.40.040. While there is no similar statute guiding the search for heirs and other distributees, filing an affidavit evidencing steps undertaken to search for them would seem to be indicated as good practice.”

In re the Est. of Little, 127 Wash. App. 915 (Wash. Ct. App. 2005). “RCW 11.40.040. While there is no similar statute guiding the search for heirs and other distributees, filing an affidavit evidencing steps undertaken to search for them would seem to be indicated as good practice.”

Right Now Heating, Cooling & Plumbing, LLC v. Est. of Gerald D. Hall (Wash. Ct. App. 2026). · cites it 14× “” RCW 11.40.040(1). The PR is deemed to have exercised reasonable diligence “upon conducting a reasonable review of the decedent’s correspondence, including correspondence received after the date of death, and financial records, including personal financial statements, loan…”

Anna Pascua v. Scott Collins & John Greenway (Wash. Ct. App. 2016). · cites it 12× “040, the creditor must present the claim within four months after the date of first publication of notice; (ii) If the creditor was reasonably ascertainable, as defined in RCW 11.40.040, the creditor must present the claim within twenty-four months after the decedent's date of…”

Chris Walters, V. Robert S. Reynolds (Wash. Ct. App. 2023). · cites it 9× “” RCW 11.40.040(1).4 A personal representative who conducts such a review “is presumed to have exercised reasonable diligence to ascertain creditors of the decedent and any creditor not ascertained in the review is presumed not reasonably ascertainable.”

— Wash. Rev. Code § 11.40.040(1) — 4 cases

Fitzgerald v. Mountain-West Resources, Inc., 294 P.3d 720 (Wash. Ct. App. 2012). “” RCW 11.40.040(1). The PR is deemed to have exercised reasonable diligence “upon conducting a reasonable review of the decedent’s correspondence, including correspondence received after the date of death, and financial records, including personal financial statements, loan…”

Anna Pascua v. Scott Collins & John Greenway (Wash. Ct. App. 2016). “040, the creditor must present the claim within four months after the date of first publication of notice; (ii) If the creditor was reasonably ascertainable, as defined in RCW 11.40.040, the creditor must present the claim within twenty-four months after the decedent's date of…”

Right Now Heating, Cooling & Plumbing, LLC v. Est. of Gerald D. Hall (Wash. Ct. App. 2026). “” RCW 11.40.040(1). The PR is deemed to have exercised reasonable diligence “upon conducting a reasonable review of the decedent’s correspondence, including correspondence received after the date of death, and financial records, including personal financial statements, loan…”

Chris Walters, V. Robert S. Reynolds (Wash. Ct. App. 2023). “” RCW 11.40.040(1).4 A personal representative who conducts such a review “is presumed to have exercised reasonable diligence to ascertain creditors of the decedent and any creditor not ascertained in the review is presumed not reasonably ascertainable.”

— Wash. Rev. Code § 11.40.040(2) — 6 cases

In Re Est. of Black, 102 P.3d 796 (Wash. 2004). “040(2) (same for notice agent handling creditors against nonprobate assets); RCW 11.”

— Wash. Rev. Code § 11.40.040(3) — 2 cases

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