[WSBAPT] Creditor claims - PR's "waiver of defects" vs. "strict compliance"

[Eric Nelsen]

RCW 11.40.070(4)<https://app.leg.wa.gov/RCW/default.aspx?cite=11.40&full=true#11.40.070> says that PRs have the option waive formal defects and elect to treat a written demand for payment "...as a claim properly filed under this chapter if: (a) The claim was due; (b) the amount paid is the amount of indebtedness over and above all payments and offsets; (c) the estate is solvent; and (d) the payment is made in good faith."

On the other hand, there's abundant case law stating that the creditor claim process must be strictly complied with and the PR cannot waive its provisions.

How is this reconciled? Was subsec. (4) added later, so the old case law is abrogated?

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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