Legal Question in Wills and Trusts in Washington

How long do creditors have to make claims against an estate?

My father-in-law passed away with only a few thousand dollars in assets. His eldest son is executor and has paid all his bills and distributed the remaining money between the four heirs. Ten months after my father-in-law�s death we have received a medical bill. The estate has no money left in it. Are the heirs required to give back money to cover this bill?


Asked on 6/19/03, 2:47 pm

1 Answer from Attorneys

Bruce Busch Bruce R. Busch, Attorney at Law

Re: How long do creditors have to make claims against an estate?

Depends. Was a Notice to Creditors sent to the source of the medical bill or published in a local legal newspaper? If so, there is a four month statute of limitations. If not, I believe the limitations period is 24 months. Theoretically the creditor could attempt to collect the balance due from the creditors. However, it may not be worth the creditor's time to do so. Also, creditors are paid off AFTER funeral expenses, final medical expenses (may include this creditor), executor fees, etc. Perhaps the executor could assert that he took the few thousand as his payment as executor in which case the creditors would be out of luck. It may be the case that simply ignoring the issue may make the creditor go away. However, your brother, as executor, should probably visit with an attorney to discuss the matter so that sound advice is provided after consideration of all the facts, some of which I am sure were not included in your brief inquiry.

Hope this helps.

Read more
Answered on 6/19/03, 4:37 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Washington