If an action is pending against the decedent at the time of the decedent's death, the plaintiff shall, within four months after appointment of the personal representative, serve on the personal representative a petition to have the personal representative substituted as defendant in the action. Upon hearing on the petition, the personal representative shall be substituted, unless, at or before the hearing, the claim of the plaintiff, together with costs, is allowed.
RCW 11.40.110
Action pending at decedent's death—Personal representative as defendant.
Applied in 1 court decision — leading case Fitzgerald v. Mountain-West Resources, Inc. (2012)
Most recently applied in Fitzgerald v. Mountain-West Resources, Inc. (October 2012)
1997 c 252 s 17; 1974 ex.s. c 117 s 38; 1965 c 145 s 11.40.110
Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.