[WSBAPT] question regarding TEDRA and PROBATE

[Mark Vohr]

Jenna – This is a bit complicated and you may have different suggestions.  There is no mention about the basis for the TEDRA action, perhaps that is not relevant to your questions.

Generally, a probate does not have to be opened to deal with the creditors.  There are two RCW’s you need to familiarize yourself with.  One is RCW 11.42 which outlines the process for dealing with creditors when there is no probate.  The other is RCW 11.10 dealing with the abatement of assets.  What I am not sure about, is whether you need to open a probate to take advantage of RCW 11.10.  My guess would be yes – you do – but a more thorough examination of RCW 11.42 might reveal other options.

Regards,

Mark

Mark C. Vohr, Esq.
Ohana Fiduciary Corp.
Ohana Financial Services
A Washington Trust Company
Mark C. Vohr, J.D., CPG, Principal
PO Box 33710  Seattle, WA  98133
T:  (206) 782-1189 F:  (206) 782-1434
mcv at ohanafc.com      www.ohanafc.com

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jenna Brozik
Sent: Wednesday, September 2, 2020 11:03 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] question regarding TEDRA and PROBATE

Hello list mates,

I have a case where a TEDRA action has commenced but there has been no probate action.
The deceased has a Living Trust and a Community Property Agreement so it is my understanding at this time that there are no assets subject to probate.

However, the funeral expenses have not been paid and there are several creditors out there that have not been paid by the Estate. There also may be real property that is still in decedent's name and not in the surviving spouse's name that may need to be transferred in her name via the Community Property Agreement.

Does a probate need to be opened in the TEDRA action to deal with the creditors?
Usually a probate action is opened first and then a TEDRA action commences but this is a different situation. Any comments would be appreciated.

Thanks,
Jenna Brozik
Attorney at Law
Prinz & Brozik PLLC
445 S Grand Ave
Pullman, WA 99163
(509)338-0908 / (509) 338-3527 (fax)
jennaprinzlaw at gmail.com<mailto:jennaprinzlaw at gmail.com>

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