[WSBAPT] Successor PR - Publishing Notice of Vacancy & Succession in Probate

[Tom J. Westbrook]

Hi Heather,

 

While I have not had this circumstance exactly, it seems to me from a
literal reading of the statute that the claims period does not start
over - only that you would have to give creditors notice. Seems to me if
no creditor's claims were filed within 4 months of the original Notice
to Creditors publication and your PR performed the necessary due
diligence to be sure there were no known creditors that did not receive
notice by mail or other service, that there are no longer any creditors
of the estate that would require notice of the new PR since any such
claims by them are already barred. But, that is just my logic which I
have learned over the years is not 100% reliable; just mostly. 

 

Sincerely,

 

Tom

 

Thomas J. Westbrook

Attorney at Law

 

Thomas J. Westbrook, PLLC

PO Box 1

Littlerock, WA 98556

 

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Suite 101

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Skype: thomas.westbrook

 

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather deVrieze
Sent: Wednesday, November 26, 2014 8:44 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Successor PR - Publishing Notice of Vacancy &
Succession in Probate

 

Doesn't this form seem to address situations where a Personal
Representative died/resigned during the claim period?

 

What if the claim period already ran. Do creditors magically get more
time than the 4 months, which already ran? 

 

 

Heather S. de Vrieze
Attorney-at-Law

 

3909 California Avenue SW

Seattle, WA 98116-3705                          

(206)938-5500 

heatherd at westseattlelaw.com <mailto:heatherd at westseattlelaw.com>  

www.westseattlelaw.com <http://www.westseattlelaw.com/>  

 

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From: wsbapt-bounces at lists.wsbarppt.com [
mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of David Moe
Sent: Tuesday, November 25, 2014 6:08 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Successor PR - Publishing Notice of Vacancy &
Succession in Probate

 

I found Richard Wills' form of publication form a Fall, 2012 post and
discussion of RCW 11.40.020 (Thank you again, Richard!), and am
attaching it.  

 

 

 

David Moe, Attorney

David L. Moe & Associates, P.S.

Telephone:  425-432-1277

Fax:  425-432-1280

Address: 

22128 SE 237th

Maple Valley, WA 98038

 

Email:  davidmoe at maplevalleylaw.com

url:  http://www.maplevalleylaw.com <http://www.maplevalleylaw.com/> 

 

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From: wsbapt-bounces at lists.wsbarppt.com [
mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather deVrieze
Sent: Tuesday, November 25, 2014 2:44 PM
To: 'wsbapt at lists.wsbarppt.com'; KCBA Real Property, Probate and Trust
Law Discussion List (realpropertyprobatetrustlaw at lists.kcba.org)
Subject: [WSBAPT] FW: Successor PR - Publishing Notice of Vacancy &
Succession in Probate

 

Re-posting, in hopes of getting an answer (and/or form) from those of
you who frequently are or represent successor PRs.

 

Heather

 

From: wsbapt-bounces at lists.wsbarppt.com [
mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather deVrieze
Sent: Monday, November 24, 2014 12:16 PM
To: 'wsbapt at lists.wsbarppt.com'
Subject: [WSBAPT] Publishing Notice of Vacancy & Succession in Probate

 

I have dealt with the death or resignation of a Personal Representative
during the 4 month creditor claim period, and RCW 11.40.150 seems to
spell out clear directions for the successor Personal Representative to
publish notice in the same paper that the original notice was published.

 

In my instant case, the Personal Representative died six weeks after the
expiration of the 4 month claim period. A successor has now been
appointed. No creditor claims were filed. Is the notice described in
11.40.150 nevertheless required?

 

Heather

 

Heather S. de Vrieze
Attorney-at-Law



3909 California Avenue SW

Seattle, WA 98116-3705                          

(206)938-5500 

heatherd at westseattlelaw.com <mailto:heatherd at westseattlelaw.com>  

www.westseattlelaw.com <http://www.westseattlelaw.com/>  

 

For your advance planning, our offices will be closed on Thanksgiving
Day, NOV 27TH and on Friday, the 28th.

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privileged and/or confidential information.  If you have received this
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