[WSBAPT] Creditor Claims Procedure for Ancillary Probate in Washington

[Eric Nelsen]

I don't have a complete answer for you, but under Washington law at least, the creditor claim deadline is not a statute of limitations. Rather, it is a statute of nonclaim. (A statute of limitations bars a remedy, whereas a statute of nonclaim extinguishes a right of action.) If I remember correctly, there are some Washington cases that specifically distinguish between the two for purposes of preventing a reference to a "statute of limitations" from applying to the creditor claim deadline.

I think your other argument, about full faith and credit, is a good one, but I have no case law to back up my gut opinion. If Oregon is the state of domicile/residence, then I think the Oregon creditor claim process should bar any and all creditors wherever located. The problem only arises because you're going to need an ancillary probate in Washington, and I think it is a good argument that creditors should not get two bites at the apple by having two different opportunities to file a claim.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Thomas Hackett
Sent: Monday, November 07, 2016 5:55 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Creditor Claims Procedure for Ancillary Probate in Washington

Hi-

I have a client needing to probate a single piece of Washington property. Decedent was an Oregon resident and the PR for Oregon has completed the procedure to shorten the creditor claims period in the Oregon probate. It seems to me that the shortened creditor claims period applies to the Washington property, but I want to make sure I'm clear on authority for that.

I'm thinking the authority would either be RCW 11.40.051 (1) that "a person having a claim against the decedent is forever barred from making a claim or commencing an action against the decedent, if the claim or action is not already barred by an otherwise applicable statute of limitations...." And the shortened statute of limitation from Oregon works to bar the creditor claim in Washington. Or, would it be by the full faith and credit from the adjudication of creditor claims in Oregon?

Thank you in advance for insight.

[https://docs.google.com/uc?export=download&id=0B-SxUq1b3OJKWTdxRWo3ZThmaGs&revid=0B-SxUq1b3OJKNVVIcDZreEwxdGNIb1Q5VDRDU0RrUTVoL2E4PQ]

Thomas A. Hackett
Attorney | NW Legacy Law Center, P.S.
360-975-7770 | http://nwlegacylaw.com<http://nwlegacylaw.com/>
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