[WSBAPT] Personal Representative's Creditor's Claim

[Lovie Bernardi]

Dear listmates,

PR has creditor's claim against decedent's estate. RCW 11.40.140 provides that a PR with a creditor's claim must present a claim that complies with RCW 11.40.070 and must petition the court for approval of the claim under RCW 11.96A.080. I interpret this to mean that the PR files a creditor's claim under the probate cause number, then must file a separate TEDRA action in order to petition for the court's approval. I found a petition for a PR's creditor's claim in the materials from the comprehensive estate planning and probate primer CLE a few years ago, which suggests it can be filed under the original case. However, the form is from the old probate deskbook, which predated the requirement that TEDRA actions must be filed as a new action. Does anyone have experience with filing a creditor's claim on behalf of the PR?

Lovie

Lovie L. Bernardi
Flaherty & Bernardi, PLLC
3600 15th Avenue West #205
Seattle, WA  98119
(206) 682-2616

lovie at fb-lawfirm.com<mailto:joni at sbfirm.com>
http://fb-lawfirm.com<http://sbfirm.com/>

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