[WSBAPT] County to file Non-probate notice to creditors

[Eric Nelsen]

Heather shows that I didn't read to the bottom of the statute--disregard my post. Honestly, who drafts statutes like that? Section 2(e) says if X, don't do 2(a) and 2(b)? [grumble] I hope they don't draft instructions for dismantling a bomb the same way..."Cut the red wire, then cut the blue wire...but if there is a green wire, cut it first."

Sincerely,

Eric

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



From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather deVrieze
Sent: Monday, August 17, 2015 5:03 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] County to file Non-probate notice to creditors

I agree. The statute (11.42.020 (2)(e)) is pretty clear that the notice MUST be published in the county of residence, whether probate or nonprobate notice. It is not required that the notice be filed, along with the declaration and oath of the notice agent, in the county of residence, which appears to be proper in any county.

Heather

Heather S. de Vrieze
Attorney-at-Law
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3909 California Avenue SW
Seattle, WA 98116-3705
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heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Monday, August 17, 2015 3:25 PM
To: wsbar trust <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] County to file Non-probate notice to creditors

I know that we can file a probate in any county (as long as we publish a notice to creditors in the county of decedent’s residence).  I am assuming that we can do the same with a non-probate notice to creditors: i.e. file it in any superior court but publish it in the count of decedent’s residence.

Anyone think differently?

Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734
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