WAC 182-527-2860

Effective October 1, 2012

WAC 182-527-2860 Interest assessed on past due debt

  1. The recovery debt becomes past due and accrues interest at a rate of one percent per month on recoverable estate assets beginning nine months after the earlier of:
    1. The filing of the department's creditor's claim in the probate of the deceased client's estate; or
    2. The recording of the department's lien against the property of the deceased client in the county where the property is located.
  2. The department may waive interest if:
    1. Insufficient cash, accounts, or stock exist to satisy the department's claim and no sales of estate property has occurred despite its continuous listing or marketing for sale in a commercially reasonable manner for a reasonable fair market value; or
    2. Suit filed in the probate of the deceased client's estate resulted in the filing of a lis pendens or order prohibiting the personal representative from selling the estate property. However, this section does not apply to such suite contesting the department's assessment of interest or claim for reimbursement of medical assistance or state-only funded long-term care services debt.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.