[WSBAPT] Rejection of Probate Claims

[Trish]

Statute References for Question:

Pursuant to RCW 11.40.070 a claim against an estate needs to be
mailed/Served AND filed with the court, all within the time limitations
specifically set forth in RCW 11.40.051(1)(a) (the later of 4 months from
the date of first publication or 30 days from actual notice) or the claim is
barred.

 

RCW 11.40.100 requires that a personal representative reject a claim in
whole or in part and notify the claimant by personal service or certified
mail of the rejection and file an affidavit with the court showing the
notification and date of notification.  The notification must advise the
claimant that the claimant must bring suit in the proper court against the
personal representative within 30 days of notification of the rejection or
the claim will be forever barred.

 

QUESTION:

If a claim fails to meet the form requirements set forth in RCW 11.40.070
(i.e. it was not filed with the court) or the claim fails to meet the time
limitations set forth in RCW 11.40.051, (i.e. the claim was received and
filed after the expiration date to file claims), then the claim is barred by
statute.  What are the are the personal representatives duties with regards
to these creditors pursuant to RCW 11.40.100?   

 

Must the personal representative incur the cost of notification of rejection
of claims barred by statute, and notice of a right to bring suit against the
personal representative within an additional 30 day waiting period?  These
claims are not rejected by the personal representative because they are not
valid, but rather they are barred by statute for failure to comply with the
presentation and time requirements.

 

It does not seem right that the estate has to incur the cost of notice of
rejection of a claim by certified mail and an additional 30 day waiting
period for a creditor who failed to follow the statutes and has a barred
claim.  

 

Can anyone give me some insight on the best way to handle these types of
claims?

 

Best regards,

Tricia D. Usab

Phillabaum, Ledlin, Matthews & Sheldon, PLLC

1235 N. Post Street, Ste. 100

Spokane, WA 99201

Ph:  (509) 838-6055

Fax: (509) 625-1909

tusab at spokelaw.com

 

 

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