[WSBAPT] Creditor Claim - No Probate

[Eric Nelsen]

I agree this will be tricky for the creditor, since the real estate is a non-probate asset that might need to be "clawed back" to pay, per Ch. 11.10 RCW, RCW 11.18.200, and RCW 11.76.110.

See Ch. 11.42 RCW for the non-probate notice to creditors procedure. Creditor Claim is filed and served on the notice agent who published, per RCW 11.42.070<https://app.leg.wa.gov/RCW/default.aspx?cite=11.42.070>(3). See also RCW 11.42.085, which establishes that the claims should be paid from the assets received by the notice agent. So if the daughter was the notice agent, you may be in better shape--she received the house, she has to pay the claim.

"Notice agent" must be someone who receives all or substantially all of the decedent's estate. See RCW 11.42.010(1).

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Thomas Fiscus
Sent: Friday, October 25, 2019 11:56 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Creditor Claim - No Probate

Hi Listmates:  Looking for some suggestions.  PC is the creditor of Decedent who died in March 2019.  No probate was filed and no "Non Probate Notice to Creditors" was published. No Will was filed with the Superior Court.  Decedent had real estate but apparently had issued a Transfer on Death Deed to his daughter for the residence.  Daughter is now attempting to sell the residence and refuses to speak to the Creditor.  No idea if there are any other assets.  Obviously, under RCW 11.40.051the claim can still be presented, but to whom?  There is no PR or Administrator appointed.  Is the remedy to file suit against the estate? Once the real estate is sold there would appear to be no way to reach that asset.  Suggestions much appreciated.

Tom Fiscus

Law Office of Thomas J. Fiscus
P.O. Box 1167
Eastsound, WA 98245
Ph 360-298-0534
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