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

Wash. Rev. Code § 11.40.070 (2026)

Claims—Form—Manner of presentation—Waiver of defects

✓ current as of May 2026
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(1) The claimant, the claimant's attorney, or the claimant's agent shall sign the claim and include in the claim the following information:
(a) The name and address of the claimant;
(b) The name, address, if different from that of the claimant, and nature of authority of an agent signing the claim on behalf of the claimant;
(c) A statement of the facts or circumstances constituting the basis of the claim;
(d) The amount of the claim; and
(e) If the claim is secured, unliquidated, contingent, or not yet due, the nature of the security, the nature of the uncertainty, or the date when it will become due.
Failure to describe correctly the information in (c), (d), or (e) of this subsection, if the failure is not substantially misleading, does not invalidate the claim.
(2) A claim does not need to be supported by affidavit.
(3) A claim must be presented within the time limits set forth in RCW 11.40.051 by: (a) Serving on or mailing to, by regular first-class mail, the personal representative or the personal representative's attorney a copy of the signed claim; and (b) filing the original of the signed claim with the court in which probate proceedings were commenced. A claim is deemed presented upon the later of the date of postmark or service on the personal representative, or the personal representative's attorney, and filing with the court.
(4) Notwithstanding any other provision of this chapter, if a claimant makes a written demand for payment within the time limits set forth in RCW 11.40.051, the personal representative may waive formal defects and elect to treat the demand as a claim properly filed under this chapter if: (a) The claim was due; (b) the amount paid is the amount of indebtedness over and above all payments and offsets; (c) the estate is solvent; and (d) the payment is made in good faith. Nothing in this chapter limits application of the doctrines of waiver, estoppel, or detrimental claims or any other equitable principle.
[ 2005 c 97 s 7; 1997 c 252 s 13; 1965 c 145 s 11.40.070. Prior: 1917 c 156 s 113; RRS s 1483; prior: Code 1881 s 1473; 1854 p 281 s 85.]

Notes:

Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Notes of Decisions
Cited in 24 cases (3 in the last 5 years), 1964–2025 · leading case: Villegas v. McBride, 50 P.3d 678 (Wash. Ct. App. 2002).
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Villegas v. McBride, 50 P.3d 678 (Wash. Ct. App. 2002). · cites it 16× “unless the creditor presents the claim in the manner provided in RCW 11.40.070." RCW 11.40.070(1) provides in pertinent part: (1) The claimant .”
Villegas v. McBride, 112 Wash. App. 689 (Wash. Ct. App. 2002). · cites it 12× “unless the creditor presents the claim in the manner provided in RCW 11.40.070.” RCW 11.40.070(1) provides in pertinent part: *694 (1) The claimant.”
Wagg v. Est. of Dunham, 146 Wash. 2d 63 (Wash. 2002). · cites it 2× “) Outlawed Claims Former RCW 11.40.070 (1965) provides: No claim shall be allowed by the personal representative or court which is barred by the statute of limitations.”
Wagg v. Est. of Dunham, 42 P.3d 968 (Wash. 2002). · cites it 2× “) Outlawed Claims Former RCW 11.40.070 (1965) provides: No claim shall be allowed by the personal representative or court which is barred by the statute of limitations.”
Vaux-Michel v. Simmons, 315 P.3d 579 (Wash. Ct. App. 2013). · cites it 2× “Vaux-Michel presented and filed her claim pursuant to RCW 11.40.070 on September 16, 2011. 31. Respondent did not allow or reject Ms.”
Retained Realty, Inc. v. Est. of Spitzer, 643 F. Supp. 2d 228 (D. Conn. 2009). · cites it 2× “The Estate opposed the entry of a Deficiency Judgment on the grounds that Retained failed to provide notice of a claim against the Estate within the statute of limitations as required by Washington State’s “non-claim statute,” Wash. Rev.Code § 11.40.070. Because the Estate had…”
Hines REIT Seattle Design Ctr., LLC v. Wolf, 262 P.3d 832 (Wash. Ct. App. 2011). “, RCW 11.40.070(1)(e) (requiring that a claim include information about whether “the claim is secured, unliquidated, contingent, or not yet due”).”
Nelson v. Schnautz, 141 Wash. App. 466 (Wash. Ct. App. 2007). “The claims may at any time be *476 presented as provided in RCW 11.40.070, subject to the otherwise relevant statutes of limitations, and do not constitute a cloud, lien, or encumbrance upon the title to the decedent’s probate or nonprobate assets nor delay or prevent the…”
Nelson v. Schnautz, 170 P.3d 69 (Wash. Ct. App. 2007). “Claims against the decedent or the decedent's marital community that can be fully satisfied by applicable insurance coverage or proceeds need not be presented within the time limitation of RCW 11.”
In re the Est. of Henington, 331 P.3d 112 (Wash. Ct. App. 2014). “A claim that does not exceed $1,000 and is presented in the manner provided in RCW 11.40.070 must be deemed allowed and may not be rejected unless the PR has notified the claimant of rejection of the claim within the later of six months from the date of first publication or two…”
Vaughn v. Cohen (W.D. Wash. 2025). · cites it 3× “As the PR, Loren published the Notice to Creditors on January 21, 2021, which 14 informed creditors: 15 Any person having a claim against Decedent must, prior to the time the claim would be barred by any otherwise applicable statute of limitations, present the claim in the 16…”
Chris Walters, V. Robert S. Reynolds (Wash. Ct. App. 2023). · cites it 2× “” RCW 11.40.070 sets forth the required form of claims filed against an estate.”
Show all 24 citing cases →
— Wash. Rev. Code § 11.40.070(1) — 3 cases
Villegas v. McBride, 50 P.3d 678 (Wash. Ct. App. 2002). “unless the creditor presents the claim in the manner provided in RCW 11.40.070." RCW 11.40.070(1) provides in pertinent part: (1) The claimant .”
Villegas v. McBride, 112 Wash. App. 689 (Wash. Ct. App. 2002). “unless the creditor presents the claim in the manner provided in RCW 11.40.070.” RCW 11.40.070(1) provides in pertinent part: *694 (1) The claimant.”
Elizabeth Parman, Appellant/Cross-Resp. v. Shawn Parman, Respondents/Cross-Apps (Wash. Ct. App. 2024).
— Wash. Rev. Code § 11.40.070(1)(a) — 1 case
Chris Walters, V. Robert S. Reynolds (Wash. Ct. App. 2023). “” RCW 11.40.070 sets forth the required form of claims filed against an estate.”
— Wash. Rev. Code § 11.40.070(1)(c) — 2 cases
Villegas v. McBride, 50 P.3d 678 (Wash. Ct. App. 2002). “unless the creditor presents the claim in the manner provided in RCW 11.40.070." RCW 11.40.070(1) provides in pertinent part: (1) The claimant .”
In Re The Est. Of: Taylor Griffith (Wash. Ct. App. 2018).
— Wash. Rev. Code § 11.40.070(1)(e) — 1 case
Hines REIT Seattle Design Ctr., LLC v. Wolf, 262 P.3d 832 (Wash. Ct. App. 2011). “, RCW 11.40.070(1)(e) (requiring that a claim include information about whether “the claim is secured, unliquidated, contingent, or not yet due”).”
— Wash. Rev. Code § 11.40.070(3) — 1 case
Joyce Lanette Duchesneau v. Elisa Chan, Et Ano (Wash. Ct. App. 2018).
— Wash. Rev. Code § 11.40.070(4) — 2 cases
Villegas v. McBride, 50 P.3d 678 (Wash. Ct. App. 2002). “unless the creditor presents the claim in the manner provided in RCW 11.40.070." RCW 11.40.070(1) provides in pertinent part: (1) The claimant .”
Villegas v. McBride, 112 Wash. App. 689 (Wash. Ct. App. 2002). “unless the creditor presents the claim in the manner provided in RCW 11.40.070.” RCW 11.40.070(1) provides in pertinent part: *694 (1) The claimant.”
— Wash. Rev. Code § 11.40.070(l)(c) — 1 case
Villegas v. McBride, 112 Wash. App. 689 (Wash. Ct. App. 2002). “unless the creditor presents the claim in the manner provided in RCW 11.40.070.” RCW 11.40.070(1) provides in pertinent part: *694 (1) The claimant.”
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