[WSBAPT] Small Estate Affidavit

[Paul Neumiller]

Looking for a little help in order to avoid re-inventing the wheel for a pro-bono client.  Decedent made a $5k loan to debtor using a demand promissory note.  Debtor now refuses to pay off the loan to Decedent’s son who has presented debtor with a copy of the death certificate and the appropriate Affidavit.  I need a demand letter threatening legal fees AND, assuming the debtor continues to blow the client off, I need the pleadings for the “proceeding” under RCW 11.62.020 (“If any person to whom an affidavit and proof of death is delivered refuses to pay, deliver, or transfer any personal property, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled thereto.”)  Lastly, I have heard through this listserv that the claimant is entitled to attorney fees if the debtor or person holding the personal property refuses but I cannot find this in RCW 11.62.  Where is the statutory authority for the award of attorney fees?  Once again, thank you for your thoughts.

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