[WSBAPT] Non-Probate Notice to Creditors

Mon Jul 22 15:25:39 PDT 2019

I agree.  Most of my clients/potential clients just decide to wait out the two year period.

Candace Wilkerson

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Josh Grant
Sent: Monday, July 22, 2019 3:10 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Non-Probate Notice to Creditors

The filing fee is the same, so I explain the costs of the Non-Probate Notice to Creditors and most decline to do it. Most cases the surviving spouse and/or the surviving child have been helping with finances for years and they report very low chances that there will be any creditors who will ever attempt to file a claim.  Where those facts exist, and there is no other extenuating circustances,  I recommend not filing it and waiting out the two years.

Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Joe Pew<mailto:joe at scarfflaw.com>
Sent: Monday, July 22, 2019 2:56 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Non-Probate Notice to Creditors

Hello Listmates,

Periodically we encounter potential probate clients who do not need or want to open a probate.  Often the decedent is a spouse and the couple executed a community property agreement.  Or, the couple used a revocable living trust to hold their assets.  I’m curious about if/how you handle notices to creditors in those situations.  The Non-Probate Notice to Creditors requires the appointment of a Notice Agent, which itself requires paying a filing fee and filing a declaration and oath with the court clerk.  While this is not overly onerous, it is still additional legal work and seems to defeat some of the “avoiding probate” purpose of the community property agreement or revocable trust.

I’m curious about how you handle these types of situations.  Do you always file/publish a Non-Probate Notice to Creditors?  Never?  If only sometimes, what criteria do you use to determine whether to do so?

Thanks,

Joe

Joseph N. Pew, V, Esq.
Scarff Law Firm, PLLC
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