[WSBAPT] using a small estate affidavit when there are estate creditors

[Sharon Rutberg]

Hi, friends -

I have had a couple of clients recently who could use a small estate affidavit to recover a decedent's assets, except for the question of the decedent's outstanding debts. The affidavit says that all debts are "paid or provided for." Does that mean that the affiant intends to settle any outstanding debts once recovering the estate assets? What if we don't know if there will be adequate estate funds to do that with? In the present case, the bank will not tell us how much is in the decedent's account unless the heir first submits the affidavit. The other options seem to be getting letters testamentary or just walking away.

I appreciate your thoughts!

Best,
Sharon

Sharon Rutberg, Attorney at Law
Salmon Bay Law Group, PLLC
1734 NW Market St.
Seattle, WA 98107
206-735-3177, ext. 1
sharon at salmonbaylaw.com<mailto:sharon at salmonbaylaw.com>
Website: www.salmonbaylaw.com<http://www.salmonbaylaw.com/>
Washington State Bar #47055

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