[WSBAPT] Creditor claim filed in county different from county in which probate opened

[Mark Vohr]

Suzanne –

            The claims statute is just that, at statutory process, which legal scholars more adept at this sort of thing may say needs to be strictly followed. Failure to follow the provisions can be fatal to the claim, e.g. deadlines for filing the claim.  The relevant statute is: RCW 11.40.070 – see underlined portion:

RCW 11.40.070<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.070>
Claims—Form—Manner of presentation—Waiver of defects.
(1) The claimant, the claimant's attorney, or the claimant's agent shall sign the claim and include in the claim the following information:
(a) The name and address of the claimant;
(b) The name, address, if different from that of the claimant, and nature of authority of an agent signing the claim on behalf of the claimant;
(c) A statement of the facts or circumstances constituting the basis of the claim;
(d) The amount of the claim; and
(e) If the claim is secured, unliquidated, contingent, or not yet due, the nature of the security, the nature of the uncertainty, or the date when it will become due.
Failure to describe correctly the information in (c), (d), or (e) of this subsection, if the failure is not substantially misleading, does not invalidate the claim.
(2) A claim does not need to be supported by affidavit.
(3) A claim must be presented within the time limits set forth in RCW 11.40.051<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.051> by: (a) Serving on or mailing to, by regular first-class mail, the personal representative or the personal representative's attorney a copy of the signed claim; and (b) filing the original of the signed claim with the court in which probate proceedings were commenced. A claim is deemed presented upon the later of the date of postmark or service on the personal representative, or the personal representative's attorney, and filing with the court.
(4) Notwithstanding any other provision of this chapter, if a claimant makes a written demand for payment within the time limits set forth in RCW 11.40.051<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.051>, the personal representative may waive formal defects and elect to treat the demand as a claim properly filed under this chapter if: (a) The claim was due; (b) the amount paid is the amount of indebtedness over and above all payments and offsets; (c) the estate is solvent; and (d) the payment is made in good faith. Nothing in this chapter limits application of the doctrines of waiver, estoppel, or detrimental claims or any other equitable principle.

It would seem to me that filing in the wrong county does not follow the statute.   One must also consider whether by filing a claim improperly a potential claimant who was not a reasonable ascertainable creditor becomes a reasonably ascertainable creditor requiring actual notice, particularly if the claim has been improperly filed.


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 Suzanne Lieberman
Sent: Tuesday, February 2, 2021 10:41 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Creditor claim filed in county different from county in which probate opened

Good morning,

Can a creditor claim be held invalid if filed in a county other than the one in which the probate was opened? Is there an applicable rule?

Sincerely,

Suzanne Lieberman
CMS Law Firm LLC<https://urldefense.proofpoint.com/v2/url?u=http-3A__cmslawfirm.com_&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=AChjSD9cynQI_05pUM_DJ7F-_69Tg19HXqBbXiHZZoY&s=kRmRUbC9Z5Pz7dlHpQZ-x3JB6TRtvblbpaszNFiVBLw&e=>
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Kirkland, WA 98033
206-383-6484 (Cell Phone)
206-659-1512 (Main Office)


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