[WSBAPT] Creditor claims questions

[Brent Williams-Ruth]

I cannot provide any guidance to the second question about the ancillary
probate - but I would recommend that the Declaration of the PR detailing
their efforts to ascertain creditors can be filed at any time. Though I try
(as a best practice) to send my PR the Declaration Ascertaining Creditors
to coincide with the end of the creditor period, I do not believe that the
statutes would invalidate such a declaration even if it was filed months
later. As stated in the statute, the presumption is with the PR and the
burden is high on the creditor to show that they were reasonably
ascertainable.

I would file the Declaration and then I would send correspondence to the
Creditor advising that they were not reasonably ascertainable as by the
sworn declaration of the efforts undertaken by the PR and that they are out
of luck (as to the Main probate). If they persist, then I might recommend
affirmatively setting a hearing to get the order by the Court confirming
these actions as allowed by sub-paragraph (3).

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

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

*Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*

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e-mail <Brent at Williams-RuthLaw.com> / website
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On Wed, Apr 13, 2022 at 1:19 PM Suzanne Lieberman <suzanne at cmslawfirm.com>
wrote:

> Hello,
>
> If a creditor in WA in the main probate was provided notice under RCW
> 11.40.020 but not actual notice because they were not reasonably
> ascertainable (and PR did not start receiving statements until af few
> months after the claims period), and creditor did not present the claim
> within four months after the first publication of notice, first, may/should
> the PR file an affidavit with the court under RCW 11.40.040(3), or is it
> too late? Second, since this is now a known creditor and an
> ancillary probate has been opened in FL, is PR obligated to provide notice
> to this creditor for the FL probate?
>
> Sincerely,
>
> Suzanne Lieberman
> CMS Law Firm LLC <http://cmslawfirm.com/>
> *811 Kirkland Ave. Suite 201 *(please note new address!)
> Kirkland, WA 98033
> 206-383-6484 (Cell Phone)
> 206-659-1512 (Main Office)
>
>
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