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

Wash. Rev. Code § 11.40.080 (2026)

Claims—Duty to allow or reject—Notice of petition to allow—Attorneys' fees

✓ current as of May 2026
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(1) The personal representative shall allow or reject all claims presented in the manner provided in RCW 11.40.070. The personal representative may allow or reject a claim in whole or in part.
(2) If the personal representative has not allowed or rejected a claim within the later of four months from the date of first publication of the notice to creditors or thirty days from presentation of the claim, the claimant may serve written notice on the personal representative that the claimant will petition the court to have the claim allowed. If the personal representative fails to notify the claimant of the allowance or rejection of the claim within twenty days after the personal representative's receipt of the claimant's notice, the claimant may petition the court for a hearing to determine whether the claim should be allowed or rejected, in whole or in part. If the court substantially allows the claim, the court may allow the petitioner reasonable attorneys' fees chargeable against the estate.
[ 1997 c 252 s 14; 1994 c 221 s 29; 1988 c 64 s 22; 1965 c 145 s 11.40.080. Prior: 1917 c 156 s 114; RRS s 1484; prior: Code 1881 s 1474; 1854 p 281 s 86.]

Notes:

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.
Notes of Decisions
Cited in 23 cases, 1960–2020 · leading case: Wagg v. Est. of Dunham, 146 Wash. 2d 63 (Wash. 2002).
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Wagg v. Est. of Dunham, 146 Wash. 2d 63 (Wash. 2002). · cites it 8× “The estate argued that former RCW 11.40.080 (1994) required Wagg to file a creditor’s claim before filing his lawsuit.”
Wagg v. Est. of Dunham, 42 P.3d 968 (Wash. 2002). · cites it 8× “The estate argued that former RCW 11.40.080 (1994) required Wagg to file a creditor's claim before filing his lawsuit.”
Vaux-Michel v. Simmons, 315 P.3d 579 (Wash. Ct. App. 2013). · cites it 13× “Vaux-Michel’s claim within thirty days from presentation of the same as required by RCW 11.40.080[(1)] (“The personal representative shall allow or reject all claims presented in the manner provided in RCW 11.”
Wagg v. Est. of Dunham, 26 P.3d 287 (Wash. Ct. App. 2001). · cites it 9× “The trial court reasoned that former RCW 11.40.080 (1994), which made the filing of a creditor’s claim a condition precedent to the maintenance of a lawsuit against a decedent’s estate, rendered even a timely commenced personal injury action a nullity in the event that it was…”
Wagg v. Est. of Dunham, 26 P.3d 287 (Wash. Ct. App. 2001). · cites it 9× “The trial court reasoned that former RCW 11.40.080 (1994), which made the filing of a creditor's claim a condition precedent to the maintenance of a lawsuit against a decedent's estate, rendered even a timely commenced personal injury action a nullity in the event that it was…”
Johnston v. Von Houck, 150 Wash. App. 894 (Wash. Ct. App. 2009). · cites it 4× “At issue was former RCW 11.40.080 (1994), which stated that no claimant could maintain an action against an estate unless the claim was first presented to the estate.”
Young v. Est. of Snell, 948 P.2d 1291 (Wash. 1997). “RCW 11.40.080 (“No holder of any claim against a decedent shall maintain an action thereon, unless the claim shall have been first presented as provided in this chapter.”
Cloud v. Summers, 991 P.2d 1169 (Wash. Ct. App. 1999). “” Former RCW 11.40.080 (1996). Darrell’s complaint against the Summers Estate, which he filed in federal court within the four-month time limitation, is not sufficient to satisfy the Washington Probate Notice to Creditor Statute, RCW 11.”
Bakke v. Buck, 587 P.2d 575 (Wash. Ct. App. 1978). · cites it 2× “010 and RCW 11.40.080. These statutes read: "Every personal representative shall, immediately after his appointment, cause to be published in a legal newspaper published in the county in which the estate is being administered, a notice that he has been appointed and has…”
Hennessey Funeral Home, Inc. v. Dean, 395 P.2d 493 (Wash. 1964). · cites it 3× “010 (notice to creditors — the nonclaim statute), and RCW 11.40.080 (claims must be presented).”
In re the Est. of Henington, 331 P.3d 112 (Wash. Ct. App. 2014). · cites it 2× “See RCW 11.40.080(2). Approximately four years of inaction elapsed before the court declared the claims time barred.”
In Re Est. of Offield, 503 P.2d 767 (Wash. Ct. App. 1972). “010 (but no longer for funeral expenses, RCW 11.40.080), the probate code requires that such claims be embodied in timely filed and affidavit-supported form before payment can be required.”
Show all 23 citing cases →
Wash. Rev. Code § 11.40.080(2): 6 cases
Vaux-Michel v. Simmons, 315 P.3d 579 (Wash. Ct. App. 2013). “Vaux-Michel’s claim within thirty days from presentation of the same as required by RCW 11.40.080[(1)] (“The personal representative shall allow or reject all claims presented in the manner provided in RCW 11.”
In re the Est. of Henington, 331 P.3d 112 (Wash. Ct. App. 2014). “See RCW 11.40.080(2). Approximately four years of inaction elapsed before the court declared the claims time barred.”
Johnston v. Von Houck, 150 Wash. App. 894 (Wash. Ct. App. 2009). “At issue was former RCW 11.40.080 (1994), which stated that no claimant could maintain an action against an estate unless the claim was first presented to the estate.”
In Re Est. Of T. Mark Stover Teresa Vaux-michel, Resp/cr-app. v. Anne Simmons, App./cr-resp. (Wash. Ct. App. 2013).
Johnston v. Von Houck, 209 P.3d 548 (Wash. Ct. App. 2009).
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