Washington § 11.40.110 - Action pending at decedent's death — Personal representative as defendant.

Full text of Washington Revised Code of Washington § 11.40.110 — Action pending at decedent's death — Personal representative as defendant., with citation guidance and answers to common questions.

§ 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 s 17; 1974 ex.s. c 117 s 38; 1965 c 145 s 11.40.110. Prior: 1917 c 156 s 117; RRS s 1487; prior: Code 1881 s 1477; 1854 p 282 s 89.]

Notes

Rules of court: SPR 98.08W.
Application—1997 c 252 ss 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.

Source: official Washington text · Last verified 2026-08-27

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Frequently Asked Questions About Washington § 11.40.110

What does Revised Code of Washington § 11.40.110 cover?

Section 11.40.110 ("Action pending at decedent's death — Personal representative as defendant.") is part of the Revised Code of Washington, the codified statutory law of Washington. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Washington § 11.40.110?

A common citation format is "Revised Code of Washington § 11.40.110" (Washington). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Washington law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Washington official source linked on this page or consult a licensed Washington attorney.

How does Washington § 11.40.110 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Washington can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Washington.