[WSBAPT] Creditor Claim filed late - three days.

[Heather de Vrieze]

It doesn’t matter what the date on the claim is. 11.40.070 only looks at postmark or date of service and filing date.

(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.

Heather S. de Vrieze
Attorney-at-Law
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3909 California Avenue SW
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Friday, January 15, 2021 11:56 AM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Creditor Claim filed late - three days.

Greetings List -

Have an estate where the creditor claim was filed by the Court - three days after the cut-off of the 4 month period. Now, there is a cover letter and the claim itself is dated four days prior to cut-off.

I have always operated under the strict rule of compliance or no right to be paid.  The estate has the funds so it is not a question as to solvency.



Brent Williams-Ruth (preferred pronoun: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

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