[WSBAPT] Probate's "Must Bring Suit"

[Paul Neumiller]

Yep, I think you're right.  I was just shooting in the dark that maybe there was a case out there holding otherwise because it was under the TEDRA provisions.  Thanks for your input.




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-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Randolph Petgrave
Sent: Wednesday, April 24, 2019 10:57 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Probate's "Must Bring Suit"

Paul,

My understanding is that the claimant only needs to file within 30 days.  The "suit" itself is a civil action separate from the probate, and subject to the regular rules of civil procedure (i.e. must serve within 90 days after filing).  

Randy

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Tuesday, April 23, 2019 1:22 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Probate's "Must Bring Suit"

Listmates:  RCW 11.40.100 starts by saying "(1) If the personal representative rejects a claim, in whole or in part, the claimant must bring suit against the personal representative within thirty days after notification of rejection or the claim is forever barred...."   Does that mean: (1) it is permissible for the claimant to only file the case with the court before the 30 days are up and then serve on the PR after the 30 days have expired? OR (2) the claimant must file with the court AND serve the claimant's summons and complaint before the thirty days are up?  What does "bring suit" mean?  I am finding no reported cases.  Thanks for your input. -Paul Neumiller


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