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

Wash. Rev. Code § 11.40.051 (2026)

Claims against decedent—Time limits

✓ current as of May 2026
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(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 an action against the decedent, if the claim or action is not already barred by an otherwise applicable statute of limitations, unless the creditor presents the claim in the manner provided in RCW 11.40.070 within the following time limitations:
(a) If the personal representative provided notice under RCW 11.40.020 and the creditor was given actual notice as provided in RCW 11.40.020(1)(c), the creditor must present the claim within the later of: (i) Thirty days after the personal representative's service or mailing of notice to the creditor; and (ii) four months after the date of first publication of the notice;
(b) If the personal representative provided notice under RCW 11.40.020 and the creditor was not given actual notice as provided in RCW 11.40.020(1)(c):
(i) If the creditor was not reasonably ascertainable, as defined in RCW 11.40.040, 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 death; and
(c) If notice was not provided under this chapter or chapter 11.42 RCW, the creditor must present the claim within twenty-four months after the decedent's date of death.
(2) An otherwise applicable statute of limitations applies without regard to the tolling provisions of RCW 4.16.190.
(3) This bar is effective as to claims against both the decedent's probate and nonprobate assets.
[ 2005 c 97 s 6; 1997 c 252 s 11.]

Notes:

Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Notes of Decisions
Cited in 33 cases (9 in the last 5 years), 2002–2026 · 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 4× “010 and RCW 11.40.051. In addition, the commissioner found that Mountain-West had received actual notice to creditors, effective January 14, 2010.”
Washington Fed. Sav. v. Klein, 177 Wash. App. 22 (Wash. Ct. App. 2013). · cites it 4× “Washington Federal contends that because it did not receive a copy of the estate’s notice to creditors, it was subject to a two-year time bar on creditor claims — which it met — not the far shorter period permitted under RCW 11.40.051(l)(a) to creditors who are given actual…”
Nelson v. Schnautz, 141 Wash. App. 466 (Wash. Ct. App. 2007). · cites it 4× “RCW 11.40.051 requires claims against an estate to be filed within two years.”
Nelson v. Schnautz, 170 P.3d 69 (Wash. Ct. App. 2007). · cites it 4× “RCW 11.40.051 requires claims against an estate to be filed within two years.”
Unruh v. Cacchiotti, 257 P.3d 631 (Wash. 2011). “, RCW 11.40.051(2) (prescribing limitations period for claims against a decedent and noting that “[a]n otherwise applicable statute of limitations applies without regard to the tolling provisions of RCW 4.”
Vaux-Michel v. Simmons, 315 P.3d 579 (Wash. Ct. App. 2013). “Vaux-Michel also argues for the first time on appeal that her claim is timely under RCW 11.40.051’s two-year time limitation.”
Faulkner v. Mikron Indus., Inc. (In Re Heritage Org., L.L.C.), 354 B.R. 407 (Bankr. N.D. Tex. 2006). · cites it 2× “See Wash. Rev. Code § 11.40.051 (West 1998 & Supp.”
In re the Est. of Henington, 331 P.3d 112 (Wash. Ct. App. 2014). · cites it 3× “Bradley complied with the time limits of RCW 11.40.051 for filing a creditor’s claim.”
Hines REIT Seattle Design Ctr., LLC v. Wolf, 262 P.3d 832 (Wash. Ct. App. 2011). “5 See RCW 11.40.051(1)(a). 6 184 Wash. 356 , 51 P.”
Villegas v. McBride, 50 P.3d 678 (Wash. Ct. App. 2002). “And under RCW 11.40.051, a person "is forever barred from making a claim or commencing an action against the decedent.”
Villegas v. McBride, 112 Wash. App. 689 (Wash. Ct. App. 2002). “And under RCW 11.40.051(1), a person “is forever barred from making a claim or commencing an action against the decedent.”
Est. of Freitag v. Frontier Bank, 118 Wash. App. 222 (Wash. Ct. App. 2003). “See RCW 11.40.051(l)(a); cf. In re Small’s Estate, 27 Wn.”
Show all 33 citing cases →
— Wash. Rev. Code § 11.40.051(1) — 6 cases
Villegas v. McBride, 112 Wash. App. 689 (Wash. Ct. App. 2002). “And under RCW 11.40.051(1), a person “is forever barred from making a claim or commencing an action against the decedent.”
Nelson v. Schnautz, 141 Wash. App. 466 (Wash. Ct. App. 2007). “RCW 11.40.051 requires claims against an estate to be filed within two years.”
Chris Walters, V. Robert S. Reynolds (Wash. Ct. App. 2023).
Vaughn v. Cohen (W.D. Wash. 2025).
In re the Est. of: Patrick G. Herrin (Wash. Ct. App. 2015).
— Wash. Rev. Code § 11.40.051(1)(a) — 4 cases
Hines REIT Seattle Design Ctr., LLC v. Wolf, 262 P.3d 832 (Wash. Ct. App. 2011). “5 See RCW 11.40.051(1)(a). 6 184 Wash. 356 , 51 P.”
Est. of Freitag v. Frontier Bank, 75 P.3d 596 (Wash. Ct. App. 2003).
Vaughn v. Cohen (W.D. Wash. 2025).
Wa Fed. Sav. v. Michael Klein (Wash. Ct. App. 2013).
— Wash. Rev. Code § 11.40.051(1)(a)(i) — 1 case
In Re The Est. Of Zora P. Palermini (Wash. Ct. App. 2021).
— Wash. Rev. Code § 11.40.051(1)(b) — 1 case
Andrade v. Anton (W.D. Wash. 2019).
— Wash. Rev. Code § 11.40.051(1)(b)(i) — 2 cases
Chris Walters, V. Robert S. Reynolds (Wash. Ct. App. 2023).
Right Now Heating, Cooling & Plumbing, LLC v. Est. of Gerald D. Hall (Wash. Ct. App. 2026).
— Wash. Rev. Code § 11.40.051(1)(b)(ii) — 5 cases
Right Now Heating, Cooling & Plumbing, LLC v. Est. of Gerald D. Hall (Wash. Ct. App. 2026).
Chris Walters, V. Robert S. Reynolds (Wash. Ct. App. 2023).
Vaughn v. Cohen (W.D. Wash. 2025).
Wa Fed. Sav. v. Michael Klein (Wash. Ct. App. 2013).
Wa Fed. Sav. v. Michael Klein (Wash. Ct. App. 2013).
— Wash. Rev. Code § 11.40.051(1)(c) — 3 cases
Nelson v. Schnautz, 170 P.3d 69 (Wash. Ct. App. 2007). “RCW 11.40.051 requires claims against an estate to be filed within two years.”
Madrona Lisa, Llc v. Vera Semenyuk (Wash. Ct. App. 2021).
Elizabeth Parman, Appellant/Cross-Resp. v. Shawn Parman, Respondents/Cross-Apps (Wash. Ct. App. 2024).
— Wash. Rev. Code § 11.40.051(2) — 3 cases
Unruh v. Cacchiotti, 257 P.3d 631 (Wash. 2011). “, RCW 11.40.051(2) (prescribing limitations period for claims against a decedent and noting that “[a]n otherwise applicable statute of limitations applies without regard to the tolling provisions of RCW 4.”
In re the Est. of Henington, 331 P.3d 112 (Wash. Ct. App. 2014). “Bradley complied with the time limits of RCW 11.40.051 for filing a creditor’s claim.”
Chris Walters, V. Robert S. Reynolds (Wash. Ct. App. 2023).
— Wash. Rev. Code § 11.40.051(a) — 2 cases
Chris Walters, V. Robert S. Reynolds (Wash. Ct. App. 2023).
Wa Fed. Sav. v. Michael Klein (Wash. Ct. App. 2013).
— Wash. Rev. Code § 11.40.051(b) — 1 case
Chris Walters, V. Robert S. Reynolds (Wash. Ct. App. 2023).
— Wash. Rev. Code § 11.40.051(l)(a) — 3 cases
Washington Fed. Sav. v. Klein, 177 Wash. App. 22 (Wash. Ct. App. 2013). “Washington Federal contends that because it did not receive a copy of the estate’s notice to creditors, it was subject to a two-year time bar on creditor claims — which it met — not the far shorter period permitted under RCW 11.40.051(l)(a) to creditors who are given actual…”
Faulkner v. Mikron Indus., Inc. (In Re Heritage Org., L.L.C.), 354 B.R. 407 (Bankr. N.D. Tex. 2006). “See Wash. Rev. Code § 11.40.051 (West 1998 & Supp.”
Est. of Freitag v. Frontier Bank, 118 Wash. App. 222 (Wash. Ct. App. 2003). “See RCW 11.40.051(l)(a); cf. In re Small’s Estate, 27 Wn.”
— Wash. Rev. Code § 11.40.051(l)(b)(i) — 1 case
Fitzgerald v. Mountain-West Resources, Inc., 294 P.3d 720 (Wash. Ct. App. 2012). “010 and RCW 11.40.051. In addition, the commissioner found that Mountain-West had received actual notice to creditors, effective January 14, 2010.”
— Wash. Rev. Code § 11.40.051(l)(b)(ii) — 2 cases
Fitzgerald v. Mountain-West Resources, Inc., 294 P.3d 720 (Wash. Ct. App. 2012). “010 and RCW 11.40.051. In addition, the commissioner found that Mountain-West had received actual notice to creditors, effective January 14, 2010.”
Washington Fed. Sav. v. Klein, 177 Wash. App. 22 (Wash. Ct. App. 2013). “Washington Federal contends that because it did not receive a copy of the estate’s notice to creditors, it was subject to a two-year time bar on creditor claims — which it met — not the far shorter period permitted under RCW 11.40.051(l)(a) to creditors who are given actual…”
— Wash. Rev. Code § 11.40.051(l)(c) — 1 case
Nelson v. Schnautz, 141 Wash. App. 466 (Wash. Ct. App. 2007). “RCW 11.40.051 requires claims against an estate to be filed within two years.”
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