Can a Statute of Limitations Be Extended When Someone Dies? – Part 2: Deceased Defendant
In my last post I discussed how a statute of limitations can be extended if a potential plaintiff dies before the expiration of the statute of limitations. This discusses the situation where a potential defendant dies before the expiration of the statute of limitations.
RCW 4.16.200.
As a refresher, 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 and the statutory deadlines for statutes of limitations usually control instead.
When a Potential Defendant Dies.
If the potential defendant dies before the statute of limitations expires, RCW 4.16.200 directs the claimant to chapter 11.40 RCW. Washington courts have expressly recognized that, in this situation, the probate-claims statutes determine the applicable limitations framework for claims against the estate.
In Young v. Estate of Snell, the court explained that when a potential defendant dies before the otherwise applicable limitations period expires, RCW 4.16.200 requires attention to chapter 11.40 RCW to determine the limitations on the plaintiff’s action.
A claim against a deceased person is not handled like an ordinary lawsuit against a living defendant.
RCW 11.40.010 states that a claimant may not maintain an action on the claim unless a personal representative has been appointed and the claimant has presented the claim as required by chapter 11.40 RCW, so if the defendant dies, the claimant generally must do more than simply file a complaint. The claimant must ensure there is a personal representative and must present the claim in the probate process as the statute requires.
The Key Probate Deadlines.
RCW 11.40.051 contains the deadlines for presenting claims against a decedent’s estate. The time limit depends on whether notice was published, whether the creditor got actual notice, and whether the creditor was reasonably ascertainable.
Generally, the statute provides:
• If the personal representative gives actual notice, the creditor must present the claim within the later of 30 days after service or mailing of notice, or 4 months after first publication of notice.
• If notice is published but the creditor did not get actual notice and was not reasonably ascertainable, the creditor must present the claim within 4 months after first publication.
• If the creditor was reasonably ascertainable but did not get actual notice, the creditor generally has up to 24 months from the decedent’s date of death.
• If no notice was provided, the creditor generally has up to 24 months from the decedent’s date of death.
The statute also says that the bar applies to claims against both probate and nonprobate assets.
Probate Deadlines Do Not Revive Claims That Are Already Barred.
One of the most important points in this area is that chapter 11.40 RCW does not necessarily give every claimant a fresh new period to sue.
RCW 11.40.051 expressly applies only if the claim or action “is not already barred by an otherwise applicable statute of limitations”. In a 2015 unpublished case, In re Estate of Herrin, the court emphasized exactly that point: even if a claim is timely under the probate-claim deadlines, the claim may still fail if it was already barred by the underlying statute of limitations.
That means a claimant must pay attention to both clocks:
1. the ordinary statute of limitations for the underlying cause of action, and
2. the probate-claim deadlines.
Missing either can result in a claim being barred.
Filing a Creditor’s Claim Does Not Automatically Toll the Limitations Period.
It would be a mistake to assume that once a creditor’s claim is filed in probate, the limitations period stops running. In In re Estate of Henington, the court rejected that view. It held that the statute of limitations is not tolled by the mere filing of a creditor’s claim against an estate. Instead, tolling occurs when an action is commenced against the estate.
That distinction can matter a great deal. A claimant may comply with the probate presentation rules and still face a limitations problem if no action is timely commenced. There are exceptions to this rule for equitable tolling and for claims that can be fully paid from liability or casualty insurance, but a prudent person will consider both the creditor’s claim deadlines and the statute of limitations for the specific claim.
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.