11.40.100  <<  11.40.110 >>   11.40.120

Action pending at decedent's deathPersonal 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.


Rules of court: SPR 98.08W.
Application1997 c 252 §§ 1-73: See note following RCW 11.02.005.
Application, constructionSeverabilityEffective date1974 ex.s. c 117: See RCW 11.02.080 and notes following.
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