[WSBAPT] To Close Probate when (untimely) creditor's claims are coming

[Donna Calf Robe]

I would have the client sign a Declaration of Due Diligence (11.40.040) which explains what he reviewed and measures taken to ascertain creditors and file it with the court.  If a creditor claim was filed with the court after the cut off period that you don’t think was an ascertainable creditor, I’d file a Notice of Untimely Creditor Claim.  I can’t find what I filed last time, but I just stated that the claim was untimely so it was not entitled to a rejection or acceptance and filed a notice of mailing it to the creditor.  That let the court know that we were not ignoring it.  After I close the probate, if I get letters or calls from creditors, I just ignore them.

Donna

Donna M. Calf Robe
Attorney
Brothers & Henderson, P.S.
2722 Eastlake Avenue East, Suite 200
Seattle, Washington 98102
Phone: (206) 324-4300 x113
Fax: (206) 324-3106
e-mail:  donnac at brothershenderson.com
www.brothershenderson.com<http://www.brothershenderson.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Tuesday, August 11, 2020 9:12 AM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] To Close Probate when (untimely) creditor's claims are coming

List -

I have a very simple probate matter - Father leaves all to the one son. Can't get more cut and dry than this.

Problem would be with the Creditor's.

All reasonable diligence was done in looking through records of deceased house to send known creditor notices.  Publication occurred at the very beginning and the 4 month period has run.

All deadlines passed June 1, 2020.

But we are still getting collection agency notices and creditor's claims.  The estate is wanting to close.  My question is this: what is the obligation to respond to untimely creditor's claims? If we proceed to close and a month goes by and my office gets another creditor's claim....duty to respond with the formal rejection?

Brent Williams-Ruth
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Office/Scheduling Phone: (425) 830-5134

Direct Mobile: (206) 889-7919

e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.Williams-RuthLaw.com/> / facebook<http://www.facebook.com/bwrconsults> /

As of July 1, 2019 - I began operating as the Law Offices of Brent Williams-Ruth a division of BWR Consulting, PLLC. Please note the new points of contact Brent at Williams-RuthLaw.com<mailto:Brent at Williams-RuthLaw.com> and www.Williams-RuthLaw.com<http://www.Williams-RuthLaw.com>
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