[WSBAPT] Creditor Claim Timing

[Brent Williams-Ruth]

Greetings Respected Colleagues of Great Knowledge -

I am reading through RCW 11.40.070 - as one likes to do when there is a
claim on the line....and I am seeking additional opinion.

Specifically, I am curious as to the language: (3) A claim must be
presented within the time limits set forth in RCW 11.40.051
<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40.051> by: (a) Serving on
or mailing to, by regular first-class mail, the personal representative or
the personal representative's attorney a copy of the signed claim; and (b)
filing the original of the signed claim with the court in which probate
proceedings were commenced. *A claim is deemed presented upon the later of
the date of postmark or service on the personal representative, or the
personal representative's attorney, and filing with the court.*

Here are my facts:  Credit card debt of approximately $21,000. Actual
notice sent to Company on January 7, 2023.

A creditor claim was mailed to my office (postmarked) January 31, 2023. It
was received today - 31 days since original actual notice.

I have checked with the Court's website just now through KC Script -
nothing has been filed since 2/1/2023.

First question seeking confirmation: By my understanding, the notice to my
office - even though it arrived 1 day late, is timely because it was mailed
in a timely fashion. Correct?

Second question seeking confirmation: Because the mailed version of the
claim was not FILED with the Court by yesterday (assuming for the sake of
argument that it just hasn't been scanned yet) the claim is untimely.

Appreciate the insights.

*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*

***EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to
the following address: **PO BOX 3319; Federal Way, WA 98063 *

Office/Scheduling Phone: (253) 285-7751

Direct: (253) 285-7453

e-mail <Brent at Williams-RuthLaw.com> / website
<http://www.williams-ruthlaw.com/> / facebook
<http://www.facebook.com/bwrlaw> /
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