[WSBAPT] Personal Rep. with creditor claim

[Bryce Dille]

I have just filed a petition  referenced the appropriate statues and noted it up for hearing on the commissioner's probate docket and give notice by mail or personal service on attorney for estate.

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Bryce H. Dille
Campbell, Dille, Barnett & Smith,  PLLC
P.O. Box 488
Puyallup, WA  98371
Voice:  253.848.3513
Fax: 253.845.4941
bryced at cdb-law.com<mailto:bryced at cdb-law.com>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Friday, March 18, 2016 2:37 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Personal Rep. with creditor claim

RCW 11.40.140 states that a PR who has a claim against the decedent needs to file a petition to allow/reject PR's claim under RCW 11.96.080.  If you look at RCW 11.96A.080 (pasted below) it doesn't state that I have to file a separate TEDRA Petition.  Question, can I just file a petition referencing 11.96A.080 or do I need to file a TEDRA Petition with its attendant Summons, etc.?

I assume someone on this listserv has run into this before.  Any insight would be appreciated.

RCW 11.96A.080
Persons entitled to judicial proceedings for declaration of rights or legal relations.
(1) Subject to the provisions of RCW 11.96A.260<http://app.leg.wa.gov/RCW/default.aspx?cite=11.96A.260> through 11.96A.320<http://app.leg.wa.gov/RCW/default.aspx?cite=11.96A.320>, any party may have a judicial proceeding for the declaration of rights or legal relations with respect to any matter, as defined by RCW 11.96A.030<http://app.leg.wa.gov/RCW/default.aspx?cite=11.96A.030>; the resolution of any other case or controversy that arises under the Revised Code of Washington and references judicial proceedings under this title; or the determination of the persons entitled to notice under RCW 11.96A.110<http://app.leg.wa.gov/RCW/default.aspx?cite=11.96A.110> or 11.96A.120<http://app.leg.wa.gov/RCW/default.aspx?cite=11.96A.120>.
(2) The provisions of this chapter apply to disputes arising in connection with estates of incapacitated persons unless otherwise covered by chapters 11.88<http://app.leg.wa.gov/RCW/default.aspx?cite=11.88> and 11.92<http://app.leg.wa.gov/RCW/default.aspx?cite=11.92> RCW. The provisions of this chapter shall not supersede, but shall supplement, any otherwise applicable provisions and procedures contained in this title, including without limitation those contained in chapter 11.20<http://app.leg.wa.gov/RCW/default.aspx?cite=11.20>, 11.24, 11.28, 11.40, 11.42, or 11.56<http://app.leg.wa.gov/RCW/default.aspx?cite=11.56> RCW. The provisions of this chapter shall not apply to actions for wrongful death under chapter 4.20<http://app.leg.wa.gov/RCW/default.aspx?cite=4.20> RCW.

Thank you,

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

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