[WSBAPT] Does Statute of Limitation Run on Filed Creditor's Claims

[Eric Nelsen]

See in re Estate of Henington, 182 Wn.App. 534, 331 P.3d 112 (2014), from Division 2. Says that statute of limitations continues to run on any claim filed with the estate, unless the PR has allowed the claim, either by the automatic allowance for claims under $1,000 via RCW 11.40.090(2), or by formal allowance.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Thursday, July 28, 2022 11:34 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Does Statute of Limitation Run on Filed Creditor's Claims

Listmates:

The probate of an insolvent estate has been open six years next month.  Multiple creditor claims filed but not acted upon by Personal Representative.  Personal Representative not doing anything.  Does the statute of limitation continue to run on the creditor's debt for those who filed claims in the probate?  I represent the ex-wife of the decedent who has a ½ interest in the house, which other half is the only "substantial" asset of the estate.

Jeff

W. Jeff Davis
BELL & DAVIS PLLC
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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