[WSBAPT] small-estate affidavit

Krista MacLaren kjm.inc at mac.com
Fri Feb 3 10:34:30 PST 2017


Cindy,

I would suggest compiling a list of creditors and calling each one, letting them know that the small amount of money will only be enough to cover the burial and vacating the apartment, and ask them to write off their balance so that he may claim the small account with a small estate affidavit.  If they understand that they were never going to get anything anyway, most will write it off. 
 
Personally, I wouldn’t do the Non-probate creditor claim process because it costs a fair bit (same filing fee as probate), and none of those creditors will get paid anyway.  That would only make sense to me if there would be enough money to pay some creditors.

Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle, WA 98115
(206)523-6116
kjm.inc at mac.com <mailto:kjm.inc at mac.com>

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> On Feb 2, 2017, at 9:30 PM, Cindy Zetts <czlawgirl at earthlink.net> wrote:
> 
> All --
> 
> A client is trying to get the money from a deceased parent's bank accounts to cover some of her costs. The estate is insolvent and very small -- worth not more than a few thousand dollars. Parent died intestate. Client has paid burial expenses and costs of moving the parent's personal property out of a rental unit. Client would like to use what little money is in parent's bank accounts to cover some of client's expenses. Parent died with unpaid medical and utility bills, among other possible debts. Bank will not release money without letters of administration or testamentary. Can client present a small-estate affidavit instead even thought debts are not paid? If not, what is the best way to handle this situation?
> 
> Thanks,
> Cindy Zetts
> Law Office of Cynthia Zetts, PLLC
> 206-423-5334
> 
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