[WSBAPT] Claim in probate/ Creditor opening a probate

[Eric Nelsen]

If no one else wants to start a probate, it's the creditor's burden if it wants to be paid. With no probate and no non-probate claims process started, the creditor has two years after date of death to submit their claim – subject to other applicable statutes of limitations which continue to run regardless of whether or not a claim is filed, so better to start the process now than wait and be in a time crunch.

A creditor can be PR but in practice, when there's sufficient assets, I'd suggest having the creditor petition the court to have a professional fiduciary appointed, like Bill Jaback at Partners In Care or someone like that. Then the creditor can just submit its claim and not have to worry about acting as PR and all the additional duties attendant that position.

I would also suggest that the creditor send a letter to the heirs, telling them that's the plan if they don't start something themselves within 3 weeks. That's Exhibit A to the petition, to show that the heirs are refusing to move forward.

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 Setareh Mahmoodi
Sent: Wednesday, January 25, 2017 2:45 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Claim in probate/ Creditor opening a probate

Hello,
PC has a signed and notarized contract from deceased for a large sum payment due upon death for services provided over the years. It has been a few months since the date of death and no probate opened. Seems like the heirs don't get along. Apparently there is a will. There may or may not be an attorney hired by the PR. According to PC decedent had large sum of assets.
If a probate is filed the only requirement is to bring a claim under 11.40.070 within four months of publication and should be entitled to payment if estate is solvent.
How about if a probate is not opened and the named PR refuses to open one or pay the claim, I know under 11.28.120 a creditor may open a probate. Has anyone done this before that can give some helpful tips?
Thoughts? Suggestions?
Thanks,

--

Please always call 206-683-1006 or email before dropping by the office as I could be in court or meetings. Thanks!

Best regards,



Setareh Mahmoodi

Attorney at Law

18222 104th Ave NE, Suite 103

Bothell, WA 98011

Phone: 425-806-1500

Cell: 206-683-1006

Fax: 425-489-4142 (Please email documents if at all possible)

Website: http://www.lawofficesofsm.com/



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