RCW 11.40.110
Action pending at decedent's death—Personal representative as defendant.
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.
[ 1997 c 252 § 17; 1974 ex.s. c 117 § 38; 1965 c 145 § 11.40.110. Prior: 1917 c 156 § 117; RRS § 1487; prior: Code 1881 § 1477; 1854 p 282 § 89.]
NOTES:
Rules of court: SPR 98.08W.
Application—1997 c 252 §§ 1-73: See note following RCW 11.02.005.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.
Structure Revised Code of Washington
Title 11 - Probate and Trust Law
Chapter 11.40 - Claims Against Estate.
11.40.010 - Claims—Presentation—Other notice not affected.
11.40.020 - Notice to creditors—Manner—Filings—Publication.
11.40.030 - Notice to creditors—Form.
11.40.051 - Claims against decedent—Time limits.
11.40.060 - Claims involving liability or casualty insurance—Limitations—Exceptions to time limits.
11.40.070 - Claims—Form—Manner of presentation—Waiver of defects.
11.40.080 - Claims—Duty to allow or reject—Notice of petition to allow—Attorneys' fees.
11.40.100 - Rejection of claim—Time limits—Notice—Compromise of claim.
11.40.110 - Action pending at decedent's death—Personal representative as defendant.
11.40.120 - Effect of judgment against personal representative.
11.40.135 - Secured claim—Creditor's right.
11.40.140 - Claim of personal representative—Presentation and petition—Filing.
11.40.900 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.