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

Tue Feb 2 11:55:34 PST 2021

I recently had a clerk of the court take the creditor’s claim with the wrong cause number and basically file it in the correct probate cause.
In another one, the clerk took the creditor claim with the wrong name of the decedent and filed it in the probate cause.
Finally, in another one, the clerk filed the creditor claim in the correct probate with the wrong cause number but the proper decedent named.

I don’t understand how a creditor’s clam could be filed in the wrong county when probate was not opened in that county.  What case did they file the creditor claim in?

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Tuesday, February 2, 2021 11:26 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Creditor claim filed in county different from county in which probate opened

I agree with Mark; there is abundant case law saying the creditor claim process must be strictly followed in order to create a valid claim. Of course, that’s accompanied by statutory authority of the PR to “waive formal defects” per RCW 11.40.070<https://app.leg.wa.gov/RCW/default.aspx?cite=11.40&full=true#11.40.070>, so even if it’s strictly barred, the PR has some room to honor a formally defective claim. (Subject to some debate about whether a procedural error like filing in the wrong county is the same as a defect in form of the claim.)

I am a little puzzled as to how it is possible to file a creditor claim in the wrong county. What case number would it be filed under? Wouldn’t it simply be rejected by the wrong county’s clerk?

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Mark Vohr
Sent: Tuesday, February 2, 2021 11:04 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Creditor claim filed in county different from county in which probate opened

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
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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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