[WSBAPT] 4-month date?

[Diane J. Kiepe]

After reading the statute, it is my opinion that the time frame for unknown creditor's does not change by the death (or for the matter the resignation of the PR).  There is no "subject to" language in the statute and it would be a windfall to creditors if any other rule were applied.  I am years into a probate (recently engaged to represent beneficiary), if the PR were to step down (or die), another 4 months makes no sense in practice or under a reading of the statute.

I think if you refile, to give notice of the new PR, I would reference the date of the first filing as originally filed.

My 2 cents - best of luck


Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300


From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Stephen A. Brandli
Sent: Monday, September 9, 2019 8:47 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] 4-month date?

My question is, what is the original 4-month date?  Is it 2/28/2019 or is it 3/1/2019?

But to that I would add 34 days, which is the time between the PR's date of death and first publication of the replacement.

                Steve

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Anthony Vivenzio
Sent: Monday, September 09, 2019 2:46 PM
To: WSBA Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] 4-month date?

Listmates,
I have inherited a probate where the original PR died unexpectedly before closing probate.  What is the new 4-month bar date for creditors?  RCW 11.40.150 seems unclear on this.

Facts:
Probate opened 10/19/2018 by PR
First Publication 10/31/2018
PR DOD 7/11/2019
Replacement PR 8/1/2019
First Publication 8/14/19


Anthony D. Vivenzio,
Attorney and Counselor at Law
PO Box 208
540 Guard Street, Ste. 260
Friday Harbor, WA  98250
(360) 378-6860
vivenziolaw at rockisland.com<mailto:vivenziolaw at rockisland.com>

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