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RCW 11.40.080

Claims—Duty to allow or reject—Notice of petition to allow—Attorneys' fees.

Applied in 20 court decisions — leading case 75 Wash. 2d 660 - Ruth v. Dight (1969)

Most recently applied in Porter v. Boisso (June 2015)

1997 c 252 s 14; 1994 c 221 s 29; 1988 c 64 s 22; 1965 c 145 s 11.40.080

How often courts cite this section

196019701980199020002010201520
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) The personal representative shall allow or reject all claims presented in the manner provided in RCW 11.40.070. The personal representative may allow or reject a claim in whole or in part.

(2) If the personal representative has not allowed or rejected a claim within the later of four months from the date of first publication of the notice to creditors or thirty days from presentation of the claim, the claimant may serve written notice on the personal representative that the claimant will petition the court to have the claim allowed. If the personal representative fails to notify the claimant of the allowance or rejection of the claim within twenty days after the personal representative's receipt of the claimant's notice, the claimant may petition the court for a hearing to determine whether the claim should be allowed or rejected, in whole or in part. If the court substantially allows the claim, the court may allow the petitioner reasonable attorneys' fees chargeable against the estate.

Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.