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

[Richard Wills]

*Eric --- I've routinely opened & closed an estate within a week where 
the PR/client says that he or she is intimately aware of the D's 
financial situation, that D has no debts, that all expenses have been 
paid, & that Letters are needed for some reason or another.**  I've done 
this many times &, so far, have never had a problem with it.*


On 11/25/2014 4:25 PM, Eric Nelsen wrote:
>
> 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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