[WSBAPT] Notice creditors and ancillary probate

[Claudia A Gowan]

Colleagues:

Some states in which an ancillary probate is necessary require that notice to creditors be sent to all creditors, including all creditors who received actual notice under the domiciliary proceeding. For example, decedent has a second home in another state. No other ties to the state and no real creditors there, other than anyone that might provide services related to the residence - as in the case where the home is rented out and decedent didn't spend time there.

The foreign state also has an actual notice component. In practice, this means that all creditors of the domiciliary state would get two bites at the apple under the rules regarding actual notice.

Any thoughts on pros or cons of coordinating the 30 day mailing of actual notice for purposes of both states? Even if it means opening up another 30 day window in the domiciliary estate?

It seems to me to make more sense to only have one window opened through the mailing of actual notice. In contrast, if the domiciliary estate sticks to its 4 month timeline, then creditors get yet another chance through actual notice in the foreign state. The estate would be in the difficult position of holding their breath to see if creditors file a claim in the foreign jurisdiction when such a claim would be barred in the domiciliary proceeding. That seems to be against the intent and purpose of the law. Either creditors file & serve within the requisite period or they don't. So, when giving the 30 day actual notice, why not coordinate the mailing for purposes of both jurisdictions.

Thanks for your thoughts.

Claudia


Claudia A. Gowan

Claudia A. Gowan, PLLC
1001 Fourth Avenue, Suite 3200
Seattle, WA 98154
(206) 443-2733 (T)
claudia at cagowanlaw.com<mailto:claudia at cagowanlaw.com>

www.seattletrustsandestates.com<http://www.seattletrustsandestates.com/>

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