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

[jeffrey winter]

If you are going by Declaration of Completion, you may have to modify the language a bit  -- removing language that recites publication, etc.  Also, I would have the PR sign a written disclosure that he/she understands the personal liability that may attach should any creditor file within the statutory period.
 



Jeffrey D. Winter


Law
Office of Jeffrey D. Winter, P.S.

604 North
Main Street

Ellensburg,
WA 98926

(509)
925-9600 tel.

(509)
925-9606 fax


 

 
From: Eric at sayrelawoffices.com
To: wsbapt at lists.wsbarppt.com
Date: Wed, 26 Nov 2014 00:25:36 +0000
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
 




_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbapt 		 	   		  
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20141126/37825509/attachment.html>