[WSBAPT] Creditor Claim - No Direct Notice Provided but Probate Closed

[Nicholas Pleasants]

Roger, it’s RCW 11.40.090(2). PR has to reject claim <$1,000 within later of 2 months of receipt or 6 months after first publication. But that is provided it is properly presented under RCW 11.40.070.
Brent, in this case, I would presume this claim to be invalid. This has happened to me a few times. What I do is call DCM, tell them that the probate closed and my former client was discharged. There is no open estate, and no PR to pay it, so this claim won’t be paid. I would give them the date of publication and any other facts about the estate they need for their records. They’ve never pushed back, usually politely thank me for informing them so they can close their collection file, and hang up.
By the way, I have not experienced the clerk rejecting a pleading because it was filed too late. Sometimes we file receipts in a technically “closed” estate after the 30 days has already passed, just as a record for posterity. Never had a problem.
Best,
Nick

Nicholas Pleasants
Owner

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From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of Roger Hawkes <Roger at law-hawks.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Tuesday, October 19, 2021 at 2:54 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Creditor Claim - No Direct Notice Provided but Probate Closed

Be aware that claims under a grand are deemed allowed if not rejected; idr the time frames.

Roger Hawkes, WSBA # 5173
Sky Valley Law
For incoming mail: Box 351, Sultan 98294
For in person visits: 423 Main, Sultan, WA 98294
Or other places to be arranged
206 367 5000
360 799 6438
Fax: 206 367 4005

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Tuesday, October 19, 2021 1:40 PM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Creditor Claim - No Direct Notice Provided but Probate Closed

Greetings Brilliant thinkers -

Estate closed through Declaration of Completion on May 20, 2021 - effective June 20, 2021.

Creditor Claim filed by our friends at DCM Services on behalf of a cell phone carrier on October 12th.

The Executor did not give actual notice to this phone company, but did publish. There are no facts to be known that would establish why they were not reasonably ascertainable.

I am struggling to see what options exist other than to:
1) pay the $340
2) ignore the letter because the probate is closed (though interestingly enough, the clerk allowed them to file in the case despite a Declaration of Completion).
3) issue a denial where the executor simply provides the affidavit of publication and claims that the creditor period is completed.

Appreciate any thoughts on the matter.

Brent

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

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

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