[WSBAPT] Creditor opens probate estate

[Dalynne Singleton]

I have done a lot of creditor opened probates in the past 15 years.  This week I had a first - a Judge in King County Superior Court chastised me in open court when I opened a probate for a deceased defendant from a tort.  Not for wanting to serve as Administrator when no one in the family stepped up, but for getting paid to do so from the creditor's counsel.  The defendant's family had not opened his probate and the statute of limitations on the tort was coming up.  An estate needed to be opened, an Administrator appointed and served with the tort litigation complaint.

I have done more than 50 deceased defendant probates and in many, I am appointed the Administrator.  Usually, I am hired by tort plaintiff's counsel who do not know probate law and want me to handle the probate side of things.  I've never had any issues, until this week.  RCW 11.28.120(6) provides for creditors to serve and then (7) any suitable person...  Judge appointed me but said - you are not getting paid by the creditor or creditor's counsel.

I would like to hear of your experiences in handling estates for deceased plaintiffs or defendants involved in tort litigation or wrongful death.  Have you had any issues with opening estates on behalf of creditors, appointing attorney Administrators and being paid by the creditor or creditor's counsel?  If a tort creditor is not given an opportunity to open a deceased defendant's estate to protect the tort litigation statute, there is no other remedy...

I have contacted the WSBA Ethics committee, feel I am justified in what I have been doing, and will be asking for a written opinion but was told it may take up to 4 months and the committee has to agree to take the ethics issues on before any opinion will be given.

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>

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