[WSBAPT] Notice of Delinquent Court Fines

[Roger Hawkes]

Agreed; and thanks for the cite.

“These probate statutory provisions, it seems to us, are of greater potency in the protection of estates of decedents against the delayed action of claiming creditors than are our general statutes of limitation looking to the mere withholding of the remedy of civil action from suitors because of the lapse of the prescribed periods for the commencement of such actions. An important consideration in our present inquiry is that a creditor's claim against the estate of a deceased person *Page 452 is, in substance, a claim in rem, since it is of necessity only a claim against the property left by the deceased. It is not a personal claim against anyone, under our system of administering the estates of decedents, by which system all of the property of the decedent, both real and personal, passes into the hands of the executor or administrator for the purpose of paying debts and distribution of the remaining property to heirs or devisees ultimately entitled thereto. Another important consideration is the affirmative nature of the declarations found in the language of our probate code above quoted, that "if a claim be not filed within the time aforesaid, it shall be barred," and that "no holder of any claim against an estate shall maintain an action thereon, unless the claim shall have been first presented as herein provided;" which prerequisites cannot be waived by an executor or administrator, as the protection of a general statute of limitation can generally be waived. Thus, we think there is evidenced a legislative intent to not merely withhold the remedy, but to take away the very right of recovery out of the property left by a decedent, by failure on the part of a claimant to present his claim as our statute provides.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Nick Pleasants
Sent: Friday, December 16, 2022 1:53 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Notice of Delinquent Court Fines

See State v. Evans, 143 Wash. 449, 255 P. 1035 (1927). An old case, but it supports the idea that government entities are also subject to the 4-month notice period.
If you just learned of a creditor after the 4 months has run, I would typically send that creditor a Notice to Creditors by certified mail, and track that as a 30 day period to make a claim.
Best,
Nick

Nicholas Pleasants | Shareholder

[OseranHahnAttyatLaw 8]

11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
Main: (425) 455-3900 | Fax: (425) 455-9201 | E-mail: npleasants at ohswlaw.com<mailto:npleasants at ohswlaw.com>

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Inge Fordham
Sent: Friday, December 16, 2022 11:57 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Notice of Delinquent Court Fines

Colleagues,

A client (PR of an estate) just brought me a Notice of Delinquent Court Fines (Des Moines Municipal Court) for a ticket received by the decedent prior to death.  We were previously unaware of the ticket and the fine.  We published a notice to creditors and the time for asserting a creditor’s claim has passed.  Must this be paid?

Thank you,


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Inge A. Fordham | Attorney
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