[WSBAPT] Old Creditor Claims

[Sara D. Longley]

Listmates,

 

This is a new situation for me.

 

Clients opened probate in 2010.  Several creditor claims were filed within
the 4-month period after publication of the Notice to Creditors.  No
rejections were ever filed with the court per RCW 11.40.100(1), but I don't
believe the claims were ever formally allowed and no payment was ever made
by the estate.  The creditors have apparently done nothing since 2010; no
Petitions to Allow were ever filed per RCW 11.40.080(2).  The probate is
still open.

 

Now, of course, the 2-year period since death has long since run.  Are the
creditor claims, once timely filed, kept alive by the pendency of the
probate?  Must they still be formally rejected at this point (more than six
years after death)?  My reading of the statute says yes, the claims are
still valid so long as probate is open and the PR still has a duty to deal
with them.  But I would be interested to hear from attorneys who have been
here before.

 

Thanks for sharing your expertise and experience!

 

Best,

Sara

 



Sara D. Longley, J.D., LL.M.

Attorney at Law

 

1734 NW Market Street

Seattle, WA 98107

 <tel:%28206%29%20434-5644> (206) 434-5644

 <mailto:Sara at longley-law.pro> Sara at longley-law.pro

 <http://www.longley-law.pro/> www.longley-law.pro

 

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