[WSBAPT] cred claim after probate closed

[Mark Vohr]

You do not say if you published notice to creditors in a newspaper of general circulation in the county in which the decedent resided at the time of death.  My previous response assumed you did, since you are familiar with reasonably ascertainable creditors.  If you did not, then this creditor has two years.  If you did, then based on your statement in the declaration of completion you have a presumption of having exercised due diligence that can only be overcome by clear, cogent, and convincing evidence.

I would not conclude one should wait two years to close a probate.  But, the creditor claim statute should be followed step by step to cut off claims.



Mark



Ohana Fiduciary Corp.
Ohana Financial Services

Mark C. Vohr, J.D., CPG, Principal
PO Box 33710  Seattle, WA  98133
T:  (206) 782-1189 F:  (206) 782-1434
mcv at ohanafc.com<mailto:mcv at ohanafc.com>      www.ohanafc.com<http://www.ohanafc.com/>




From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Melinda Grout
Sent: Friday, October 7, 2016 4:15 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] cred claim after probate closed

Further facts:

Date of death not yet 2 years past.  Bill mailed to deceased after probate closed, yet within the 2 year statutory period.  However, PR had done due diligence in review for ascertainable creditors.  Probate closed, so if creditor wants to fight whether review was satisfactory, would hate to have to reopen probate.  (Is the lesson here to just always wait 2 years post DOD to close probates?)

At time of filing declaration completion (non-intervention probate), PR filed Declaration as below.
The undersigned Personal Representative of the above entitled estate hereby affirms that I have made a satisfactory review and inquiry as to the creditors of the decedent and that my duties in the discovery of ascertainable creditors has been satisfied.
1.   Exercise of Reasonable Diligence.   For purposes of determining reasonably ascertainable creditors, I conducted a reasonable review of the decedent's correspondence, including correspondence received after the date of death, and financial records, including personal financial statements, loan documents, checkbooks, bank statements, and income tax returns that are in my possession or reasonably available to me.
2.   Reasonably Ascertainable Creditors Notified.   I gave actual notice to each reasonably ascertainable creditor.
I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.

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