[WSBAPT] Time to file creditor's claim - known creditor given notice

[Inge Fordham]

I do the same (as Josh).  I try not to send notices to known creditors earlier than 30 days prior to the 120 day deadline for the reason Jeff suggested – what would be the point of the 30-day period if a known creditor can just rely on the 120 day window?  If the PR has knowledge of a creditor and that creditor hasn’t come forward within 80 or so days, I send the notice to cap the time on the claim.

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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
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From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of Joshua McKarcher <josh at mckarcherlaw.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Tuesday, April 25, 2023 at 9:53 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Time to file creditor's claim - known creditor given notice

I can think of no other way to read the statute. I time the known creditor notices for about 35-40 days before the 4-month deadline so that I know they’re all due on that date. The 30-day rule is for those served 29 or fewer days (or after) the 4-month deadline. If anyone thinks otherwise, I may have to unsubscribe from this list before I get banned. 😉

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Tuesday, April 25, 2023 9:34 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Time to file creditor's claim - known creditor given notice

Listmates:

Need to settle a debate about whether a known creditor timely filed their claim.  Estate published notice to creditors.  Known Creditor given actual notice of their duty to file their claim “within the later of: (1) 30 days after PR served or mailed the notice to creditor; or (2) 4 months after date of first publication of the notice.  Creditor’s claim was filed within the 4 month period after first publication.  I say that “within the later of” means a creditor given actual notice can take advantage of the 4 month period to file their claim.  The push back is what is the reason for the 30 day period then?  Your thoughts.

Jeff Davis

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
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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