[WSBAPT] Creditor files summons and complaint - in probate case

[G. (Gus) Benjamin Lindsey III]

Good morning,

 

A have a situation that I've never encountered before and hope someone can
clear up an issue for me. 

 

We rejected a creditor claim after the creditor just refused to provide any
documentation and a review of decedent's records did not reveal anything
that could substantiate the amount being sought. 

 

The creditor appears to have  filed a "Summons and Complaint" (Along with a
declaration of non-service) in the probate case but did not file a separate
cause of action. 

 

(The 30 day period after the rejection has expired.) The summons and
complaint was filed in the probate case on the 30th day after the rejection.


 

RCW 11.40.100 states that a lawsuit must be brought against the PR in 30
days. Does filing the Complaint in the Probate case constitute "an action
against the PR" sufficient to satisfy the legal requirements of the statute?

 

 

Sincerely,

 

G. (Gus) Benjamin Lindsey III

Attorney-at-Law



 

The Law Office of G. Benjamin Lindsey III

2012 Grade Road, Suite 202

Lake Stevens, WA 98258

Phone:   (425) 263-9585

email:  guslindseyiii at gbl3law.com 

website: www.gbl3law.com <http://www.gbl3law.com/> 

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