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

Wash. Rev. Code § 11.40.130 (2026)

✓ current as of May 2026
Find cases: SyfertCases citing this section WA-LEGapp.leg.wa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
If a judgment was entered against the decedent during the decedent's lifetime, an execution may not issue on the judgment after the death of the decedent. The judgment must be presented in the manner provided in RCW 11.40.070, but if the judgment is a lien on any property of the decedent, the property may be sold for the satisfaction of the judgment and the officer making the sale shall account to the personal representative for any surplus.
[ 1997 c 252 s 19; 1965 c 145 s 11.40.130. Prior: 1917 c 156 s 119; RRS s 1489; prior: Code 1881 s 1479; 1854 p 292 s 91.]

Notes:

Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1954–2025 · leading case: Dennis G. Ott, P.S. v. Est. of Whitmire, 140 P.3d 618 (Wash. Ct. App. 2006).
Sort: Relevance Newest Treatment
Dennis G. Ott, P.S. v. Est. of Whitmire, 140 P.3d 618 (Wash. Ct. App. 2006). · cites it 2× “RCW 11.40.130. ¶18 Ott did not obtain a writ of execution for the foreclosure-sale surplus funds before Whitmire’s death or before the trustee deposited the surplus funds with the court after her death.”
Pumilite Tualatin, Inc. v. Cromb Leasing, Inc., 919 P.2d 1256 (Wash. Ct. App. 1996). · cites it 2× “*770 Under the probate code, a deceased person’s judgment creditor cannot execute on the judgment unless a lien has attached to the deceased’s property.”
Aronson v. Murk, 406 P.2d 607 (Wash. 1965). “Since no execution was issued prior to the death of Louis Aronson, and since there was no judgment lien because of the prior filing of the homestead, RCW 11.40.130 requires that the judgment be presented like any other claim against the estate of the decedent, except that the…”
Morrison v. Hulbert, 266 P.2d 338 (Wash. 1954). “It reads as follows: “When any judgment has been rendered against the testator or intestate in his lifetime, no execution shall issue thereon after his death, but it shall be presented to the executor or administrator, as any other claim, but need not be supported by the…”
Elder v. Smith, 987 A.2d 36 (Md. 2010). “1-187 (2007); Wash. Rev.Code § 11.40.130 (2008); W. Va.”
Vaughn v. Cohen (W.D. Wash. 2025). · cites it 3× “” RCW 11.40.130. In other words, a “creditor may 9 foreclose on its collateral without filing a claim and engaging in the estate administration 10 process.”
Lorraine Franulovich v. Lubjica Franulovich (Wash. Ct. App. 2019). “RCW 11.40.130. A claim is unenforceable against a decedent's estate if it is not based on an obligation recognized by law as valid.”
Steiner v. Asset Acceptance, LLC (W.D. Wash. 2019). “#29 at 2 (citing RCW 11.40.130 and RCW 11.40.070). Whether Defendant 22 complied with RCW 11.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.