[WSBAPT] 4-month date?

[Eric Nelsen]

I'm coming late to the discussion, so apologies if I'm repeating what others have said.

My interpretation of 11.40.150 under your facts is that the 4-month deadline remained at 02/28/2019 (4 months after 10/31/2018), and the 8/14/19 published Notice of Vacancy and Succession ("NVS") only gives "reasonably ascertainable creditors without actual notice" ("RACWAN" see RCW 11.40.051(b)(ii)<https://app.leg.wa.gov/RCW/default.aspx?cite=11.40.051>) notice of where to file their claims within 24 months of DOD of the decedent.

I think 11.40.150(2) is not well drafted, but I honestly don't know how better to say it. The idea is that every creditor should get 4 full months post-publication to file a creditor claim, so if the PR publishes and then dies a month later and it takes three weeks to get a new PR appointed and NVS published, those three weeks get tacked on to the end of the 4 months calculated from the date of first publication of the Notice to Creditors.

But the 24-months deadline is "self-executing" and never gets extended regardless of whether or not a PR is in place or any Notice at all is published.

So, if the first PR doesn't die/resign until after the 4 months is already complete, the publication of NVS does not extend the 4-month bar at all--the creditors already got their full 4 months. Its sole function instead is to give RACWANs notice of who to file their claim with, within 24 months of decedent's DOD.

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 Anthony Vivenzio
Sent: Monday, September 09, 2019 2:46 PM
To: WSBA Listserv
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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