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

[Candace Wilkerson]

My opinion would be that the estate can go ahead and close because the PR followed the statute.  There should be no need to respond to any further creditors’ claims filed, and once it’s closed, the PR has no further authority.  Maybe a form letter to the creditors just saying the claim period ended on ____ date pursuant to the statute, and the estate closed on ________ date?

Candace Wilkerson

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

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