11.42.140 - Notice to creditors when notice agent resigns, dies, or is removed -- Limit tolled by vacancy. - Washington Statutes

Notice to creditors when notice agent resigns, dies, or is removed — Limit tolled by vacancy.

(1) If a notice agent has given notice under RCW 11.42.020 and the notice agent resigns, dies, or is removed or a personal representative is appointed, the successor notice agent or the personal representative shall:

     (a) Publish notice of the vacancy and succession for two successive weeks in the legal newspaper in which notice was published under RCW 11.42.020, if the vacancy occurred within twenty-four months after the decedent's date of death; and

     (b) Provide actual notice of the vacancy and succession to a creditor if: (i) The creditor filed a claim and the claim had not been allowed or rejected by the prior notice agent; or (ii) the creditor's claim was rejected and the vacancy occurred within thirty days after rejection of the claim.

     (2) The time between the resignation, death, or removal of the notice agent or appointment of a personal representative and the first publication of the vacancy and succession or, in the case of actual notice, the mailing of the notice of vacancy and succession must be added to the time within which a claim must be presented or a suit on a rejected claim must be filed. This section does not extend the twenty-four-month self-executing bar under RCW 11.42.050.

[1997 c 252 § 39; 1994 c 221 § 45.]

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.