11.42.090 - Allowance of claims -- Notice -- Payment order. - Washington Statutes

Allowance of claims — Notice — Payment order.

(1) If the notice agent allows a claim, the notice agent shall notify the claimant of the allowance by personal service or regular first-class mail to the address stated on the claim. A claim may not be allowed if it is barred by a statute of limitations.

     (2) The notice agent shall pay claims allowed in the following order from the assets of the decedent that are subject to the payment of claims as provided in RCW 11.42.085:

     (a) Costs of administering the assets subject to the payment of claims, including a reasonable fee to the notice agent, any resident agent for the notice agent, reasonable attorneys' fees for the attorney for each of them, filing fees, publication costs, mailing costs, and similar costs and fees;

     (b) Funeral expenses in a reasonable amount;

     (c) Expenses of the last sickness in a reasonable amount;

     (d) Wages due for labor performed within sixty days immediately preceding the death of the decedent;

     (e) Debts having preference by the laws of the United States;

     (f) Taxes, debts, or dues owing to the state;

     (g) Judgments rendered against the decedent in the decedent's lifetime that are liens upon real estate on which executions might have been issued at the time of the death of the decedent and debts secured by mortgages in the order of their priority; and

     (h) All other demands against the assets subject to the payment of claims.

     (3) The notice agent may not pay a claim of the notice agent or other person who has received property by reason of the decedent's death unless all other claims that have been filed under this chapter, and all debts having priority to the claim, are paid in full or otherwise settled by agreement, regardless of whether the other claims are allowed or rejected.

[1997 c 252 § 33; 1994 c 221 § 39.]

Notes: Application -- 1997 c 252 §§ 1-73: See note following RCW 11.02.005.

Effective dates -- 1994 c 221: See note following RCW 11.94.070.