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Nonprobate > Reviewing Decedent's Files & Giving Actual Notice > 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 Order declaring 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).
Complete a
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
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Notice of Hearing on Nonprobate
Petition for Order re Reasonable Review |
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
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Notice of
Hearing on Nonprobate Petition for Order re Reasonable Review |
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
Before the hearing, make sure that: either:
Attend the hearing on your Nonprobate Petition. Assuming no one objects to your Nonprobate Petition, the Judge will likely ask you for a proposed Order. Hand it to the Judge (or to the clerk for the Judge) for his/her review and signature and return to you. It would be better practice for you to return the file and the signed Order to the Clerk's Office and obtain a copy of the signed Order for your records.
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