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

[Heather de Vrieze]

My typical response is either to ignore, or reply that the estate is closed. If the Personal Representative has retained funds, payment is an option, but I don’t think required, unless the provider was reasonably ascertainable. Were they sending bills?

Heather

Heather S. de Vrieze
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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)
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