[WSBAPT] Creditor Claim Timing

[Claudia A Gowan]

Brent, hi, I am assuming from your facts below that the four month period has also expired – not just the 30 days. If so, you are in kind of a tough spot, watching for that filing. But that’s what I would do, monitor the court file. Filing is a rudimentary, must do element of the statute.

I lucked out recently because the creditor not only mailed one day after the creditor claims period expired, but it filed quite late, at least a week or 10 days, so it was a little more clear cut.

If creditor does file, but files late, then you’ll have to have that talk with your client that was under discussion about a month or so ago on the listserv. Eric Nelsen and Bruce Moen had pretty helpful things to say about that talk.

Best, Claudia

Claudia A. Gowan

Claudia A. Gowan, PLLC
2212 Queen Anne Avenue No., # 338 (Mailing only)
Seattle, WA 98109
(206) 443-2733 (T)
claudia at cagowanlaw.com<mailto:claudia at cagowanlaw.com>

www.seattletrustsandestates.com<http://www.seattletrustsandestates.com/>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Tuesday, February 7, 2023 11:17 AM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Creditor Claim Timing

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

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