Evidencing Your Reasonable Review

RCW 11.42.040(3) provides a formal (although optional, involved, and expensive) process by which you may not only evidence your “reasonable review” for Decedent’s creditors but also obtain a Court Orderdeclaring that:

• You have made the review, and
• Any creditor not known to you is not “reasonably ascertainable.”

By obtaining the Order, you effectively bar any further creditor (ie, one that has not already lawfully presented a Creditor’s Claim) from entitlement to estate assets.  Practically speaking, this procedure is seldom used, although it might be advantageous in circumstances of heightened risk due to unknown creditors (eg, Decedent had a history of gambling or business debts, was a likely “deep pocket” Defendant in a negligence action, etc.; Decedent’s records somehow contain evidence of the obligations, and you missed it in your review).

To obtain the Order:

• Complete a Nonprobate Petition for Order re Reasonable Review
  To Ascertain Decedent’s Creditors form.

Timing: Soon after 4 months after first publication of your Nonprobate Notice to Creditors (ie, promptly after the expiration of the four month statutory period).

• Determine when probate petitions are heard at your Courthouse.
• Select a suitable date and time for the hearing on your Petition, making sure that your proposed hearing date is substantially more than 20 (+3) days into the future.
• Complete a Notice of Hearing on Nonprobate Petition for Order re Reasonable Review To Ascertain Decedent’s Creditors — For Publication form.
• Publish a copy of your Notice of Hearing … for Publication in the county where the estate is being administered.

  Timing: At least 20 days before the hearing.

• Complete a Notice of Hearing on Nonprobate Petition for Order re Reasonable Review To Ascertain Decedent’s Creditors & Declaration of Mailing form.
• Mail a copy of the Notice of Hearing & Declaration of Mailing to each person entitled to notice:
  • Decedent’s heirs,
  • Decedent’s beneficiaries, and
  • All the creditors of Decedent listed in your Nonprobate Petition for Order.

  Timing: At least 20 days (+3 more days for giving notice by mail; total = 23 days) before the hearing.

• At Court, file and obtain a conformed copy of your:
  • Nonprobate Petition,
  • Notice of Hearing … for Publication, and
  • Notice of Hearing & Declaration of Mailing.

Timing: At least 20 days before the hearing.

• At least in King County: File Working Copies including a proposed Order with the Probate Department at least 7 days before the hearing.
• Complete an Nonprobate Order re Reasonable Review to Ascertain Decedent’s Creditors form.
• Either:
  • The newspaper in which you published your Nonprobate Notice to Creditors has filed with the Court its Proof of Publication, or
  • You have received from that newspaper its Proof of Publication, so that you can file it with the Court; and
• Either:
  • The newspaper in which you published your Notice of Hearing … for Publication has filed with the Court its Proof of Publication, or
  • You have received from that newspaper its Proof of Publication, so that you can file it with the Court.