[WSBAPT] Responding to Improperly Presented Probate Creditor Claims

[Thomas Hackett]

 Listmates:

For improperly presented creditor claims, is formal rejection necessary?
RCW 11.40.080(1) requires the personal representative to reject or allow a
claim " in the manner provided in RCW 11.40.070." We've got two separate
instances where claimants either failed to file the claim with the court or
the claimant failed to serve or mail the claim on the PR/PR's attorney. And
on both of these the claimants were known, provided notice, and publication
was made per statute

When the PR rejects a properly presented claim, the claimant has an
opportunity to object to the rejection. *Cloud v. Summers* makes it clear
that claimants must strictly adhere to the statute when presenting the
claim.

I understand the PR's duty is to reject or accept "properly presented"
claims.

This raises an interesting question: if you reject an improperly presented
claim, does this provide the claimant with the opportunity to object? Or is
it better practice to ignore the improperly presented claim?

Thanks in advance for your insights.


*Thomas A. Hackett*
Attorney | NW Legacy Law Center, P.S.
360-975-7770 | http://nwlegacylaw.com
<http://www.facebook.com/NWlegacylaw>
<http://www.linkedin.com/in/thomasahackett>
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