[WSBAPT] PR's creditor claim

[Margaret Delp]

Could a TEDRA agreement signed by all the beneficiaries of the Will approving the payment of the PR’s creditor claim be filed in the probate proceeding rather than filing a separate TEDRA petition, providing notice and having a hearing? For this question, assume a solvent estate and a PR with nonintervention powers.  

 

I thought a TEDRA Agreement could work because RCW 11.40.140 provides that in addition to requiring the PR to file a creditor claim in the probate proceeding, the allowance or rejection of the claim shall be addressed, resolved, and settled under the procedures provided under chapter  11.96A RCW.  RCW 11.96A.220 provides that “if all parties agree to a resolution of any such matter, then the agreement shall be evidenced by a written agreement signed by all parties. Subject to the provisions of RCW  11.96A.240, the written agreement shall be binding and conclusive on all persons interested in the estate, trust, nonprobate asset, other property passing at death, or custodial property.”

 

Based on these provisions, if all the beneficiaries agree to sign a TEDRA agreement allowing claim, could this be a more cost effective way to allow and pay the claim? 

 

-Margaret

 

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From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of Nick Pleasants <npleasants at ohswlaw.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Wednesday, January 11, 2023 at 6:30 PM
To: "'wsbapt at lists.wsbarppt.com'" <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] PR's creditor claim

 

Hi Sharon,

I’ve done it a few times. Not just the creditor claim, but you also have to file a TEDRA Petition to have it approved. Happy to chat.

Best, 

Nick

 

Nicholas Pleasants | Shareholder 

 

 

11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
Main: (425) 455-3900 | Fax: (425) 455-9201 | E-mail: npleasants at ohswlaw.com 

 

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sharon Rutberg
Sent: Wednesday, January 11, 2023 5:52 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] PR's creditor claim

 

Hi, folks – 

 

Has any of you submitted a creditor’s claim for a PR under RCW 11.40.140?  If so, I have a few questions I’d love to ask you. Please email me off the list – sharon at salmonbaylaw.com . 

 

Many thanks,

Sharon 

 

Sharon C. Rutberg, Attorney at Law

Salmon Bay Law Group, PLLC

1734 NW Market St.

Seattle, WA 98107

206-735-3177, ext. 2

sharon at salmonbaylaw.com 

Website: www.salmonbaylaw.com

Washington State Bar #47055

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