[WSBAPT] half-life of a probate claim

[Eric Nelsen]

Filing of a creditor claim does not toll statute of limitations, which continues to roll on against the creditor, and can actually extinguish the creditor claim if it hasn't earlier been allowed (a) by the automatic statutory approval for claims under $1000 or (b) by affirmative action of the PR. Estate of Henington, 182 Wn.App. 534, 539-540, 331 P.3d 112 (Div. 2 2014).

I haven't Shepardized that recently but I think it's still good law.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Rod Harmon
Sent: Thursday, December 12, 2019 6:44 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] half-life of a probate claim

If a creditor files a timely claim in a probate case, and then six years go by with nothing happening, is the claim still good?  Or does the statute of limitations run against it?  Assume claim is based on a written contract, like a credit card debt. I vaguely recall researching this in connection with a probate that lay dormant for 12 years and we paid the claim, but I thought I better check, and I am not sure what the reasoning is.


Rod Harmon

RODNEY T. HARMON
       Attorney at Law
         P.O. Box 1066
      Bothell, WA   98041
     Tel:   (425) 402-7800
     Fax:  (425) 458-9096
    www.rodharmon.com<http://www.rodharmon.com>
   rodharmon at msn.com<mailto:rodharmon at msn.com>



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