[WSBAPT] Creditor's Claim not filed with Court

[Brent Williams-Ruth]

Greetings -

I have a PR, that gave actual notice to a creditor, mailed on April 9, 2018
and stamped received on April 12, 2018.  As of this date, the creditor has
only sent an email and a US Mail notice of payment recovery but has not, as
of today, filed the claim with the Court.

The estate is small and there are other creditor's claims that were
properly filed with the Court that have reduced the residual to an even
smaller amount.  The PR (who is also one of three beneficiaries) would like
to reject the claim for failing to properly file the claim within 30 days
of receiving notice.  Reading through RCW 11.40.70 it clearly states that
notice needs to come to the personal representative AND be filed with the
Court.

My question really relates to 11.40.070(4) - the waiver of defects, where
it says that if written notice was provided the PR may elect to treat the
claim as properly filed.

Do Courts expect PR's to waive the defect of not filing the claim? This is
a large insurer with a subro department that is seeking money for a claim
that they paid out for their insured (and before you ask, my decedent was
driving around without insurance for the last couple years of his life) and
now want to recover from the Estate.

Thank you for your responses.

Brent

-- 

*Brent Williams-Ruth*
*Founding Member*

*BWR Consulting, PLLC*

Phone: (425) 830-5134

e-mail <brent at bwrconsults.com> / website <http://www.bwrconsults.com> /
facebook <http://www.facebook.com/bwrconsults>
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