Can a Statute of Limitations Be Extended When Someone Dies? – Part 1: Deceased Plaintiff
Many people assume death simply “pauses” the statute of limitations. Under Washington law, that is not quite right. Sometimes there is an extension; sometimes there is a separate probate deadline; and sometimes the claim can still be barred even if probate deadlines have not yet run.
RCW 4.16.200.
RCW 4.16.200 does two different things.
First, it says that when a person dies before the ordinary filing deadline expires, the rules for actions against that deceased person are governed by chapter 11.40 RCW, Washington’s probate-claim statute.
Second, it says that if a person who is entitled to bring an action dies before the limitations period runs, and the cause of action survives, the person’s representative may commence the action after the ordinary deadline, so long as the suit is filed within one year after death.
This means that if a potential plaintiff dies, there may be a one-year extension, but if a potential defendant dies, probate deadlines usually control.
When a person dies with a claim.
Washington gives estates some breathing room when the injured or otherwise entitled person dies before the statute of limitations expires.
Under RCW 4.16.200, if:
1. the person entitled to sue dies before the deadline runs,
2. the cause of action survives death, and
3. the ordinary statute of limitations has not yet expired on the date of death,
then the person’s representative may file the action even after the normal deadline has passed, as long as the action is filed within one year of death.
How long is the extension?
The outside limit stated in RCW 4.16.200 is one year from the decedent’s death. This is best understood as a limited statutory extension, not an indefinite tolling rule. The statute does not say the limitations period is suspended forever; it creates a specific post-death filing window for the representative. It is important to recognize that the statute of limitations is not necessarily extended by one year but can be extended for up to one year after the date of death. If a potential plaintiff had 13 months left on the statue of limitations on the date of death, RCW 4.16.200 does not add any additional time because the estate already has more than one year to bring the claim. The law does not necessarily give every claimant a fresh new period to sue.
The lawyers at Beresford Booth have extensive experience in estate planning and estate administration matters. Contact us at info@beresfordlaw.com or by phone at (425) 776-4100 to see how we can help.
This post is for general informational purposes only and is not legal advice. Washington limitations and probate issues are highly deadline-sensitive, and the outcome can turn on the exact dates, the type of claim, whether the claim survives death, whether probate notice was given, and whether insurance is involved.