[WSBAPT] Probate, no N/Creditors, close within 1 year?

[Roger Hawkes]

No; just close it; if needed it could be reopened, but no reason it has to stay open.

Roger Hawkes, WSBA # 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com>
206 367 5000
Fax is 206 367 4005

From: Eric Nelsen [mailto:Eric at sayrelawoffices.com]
Sent: Tuesday, November 25, 2014 4:26 PM
To: WSBA Probate & Trust listserve (wsbapt at lists.wsbarppt.com)
Subject: [WSBAPT] Probate, no N/Creditors, close within 1 year?

PR elects not to publish N/Creditors, and wants to close estate short of the 2-year period. PR knows estate well and is certain there are no outstanding debts; all funeral, burial, medical, credit cards, etc., paid already, everything except for a house mortgage which is being paid by surviving spouse in the home.

I think this is allowable. The risk to PR is of course that a creditor hasn't been provided for, and their claim is still good until 2 years after DOD. In theory that creditor could petition to re-open the estate and maybe file suit against PR for expense of re-opening in order to get in its claim, on the theory that the PR breached her/his fiduciary duties to ascertain creditors.

But if PR has been advised and is willing to run that risk, why not just close the Estate?

Anyone think otherwise? Is a PR absolutely prohibited from closing an estate within 2 years if no notice to creditors has been given?

Sincerely,

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040

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