Revised Code of Washington
Wash. Rev. Code § 11.40.090 (2026)
Allowance of claims—Notice—Automatic allowance—Petition for extension—Ranking of claims—Barred claims
✓ current as of May 2026
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(1) If the personal representative allows a claim, the personal representative shall notify the claimant of the allowance by personal service or regular first-class mail to the address stated on the claim.
(2) A claim that on its face does not exceed one thousand dollars presented in the manner provided in RCW 11.40.070 must be deemed allowed and may not thereafter be rejected unless the personal representative has notified the claimant of rejection of the claim within the later of six months from the date of first publication of the notice to creditors and two months from the personal representative's receipt of the claim. The personal representative may petition for an order extending the period for automatic allowance of the claims.
(3) Allowed claims must be ranked among the acknowledged debts of the estate to be paid expeditiously in the course of administration.
(4) A claim may not be allowed if it is barred by a statute of limitations.
[ 1997 c 252 s 15; 1965 c 145 s 11.40.090. Prior: 1917 c 156 s 115; RRS s 1485; prior: Code 1881 s 1475; 1854 p 281 s 87.]
Notes:
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Notes of Decisions
Cited in 5
cases, 1962–2014 · leading case: Geschwind v. Flanagan, 828 P.2d 603 (Wash. Ct. App. 1992).
Geschwind v. Flanagan, 828 P.2d 603 (Wash. Ct. App. 1992). “It ruled that pursuant to RCW 11.40.090, 6 the period for submission of a creditor's claim was tolled during the "vacancy in the administration" created by the personal representative's lack of letters of administration.”
In re the Est. of Henington, 331 P.3d 112 (Wash. Ct. App. 2014). “RCW 11.40.090(2). The statute is not equivocal; all claims under $1,000 must be accepted unless the PR notifies the claimant within a specific time frame.”
Hanks v. Nelson, 664 P.2d 15 (Wash. Ct. App. 1983). “The first question on appeal is if RCW 11.40.090 tolls the nonclaim statute, RCW 11.”
State Ex Rel. Patchett v. Sup. Ct. for Franklin Cty., 375 P.2d 747 (Wash. 1962). “The basis for relator’s petition was that the set aside order, containing the language quoted above, had closed the estate and discharged the administratrix, and, therefore, had created a vacancy in the administration under RCW 11.40.090, which tolled the statute of nonclaim.”
Augustson v. Graham, 895 P.2d 20 (Wash. Ct. App. 1995). “This court affirmed the trial court’s rejection of the personal representative’s request, holding that RCW 11.40.090 served to extend the 3-year statute during the 18-month vacancy in the administration of the estate.”
Wash. Rev. Code § 11.40.090(2): 1 case
In re the Est. of Henington, 331 P.3d 112 (Wash. Ct. App. 2014). “RCW 11.40.090(2). The statute is not equivocal; all claims under $1,000 must be accepted unless the PR notifies the claimant within a specific time frame.”
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