[WSBAPT] Creditor Opening Probate

[Dalynne Singleton]

The simple answer is yes, the creditor appoints an Admin/PR and has the same duties of all those appointed in similar probates.  I have done this many times and can share my experience with you and sample pleadings.  There is no shortcut for a creditor opening a probate or for limited purpose in Washington; you have to handle the probate and close it and discharge Admin. as well - the Commissioners and Judges will remind you of this if you try - speaking from experience.  =)

Dalynne Singleton
Gourley Law Group
Snohomish Escrow/The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>   Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
Attorney/client meetings will be handled virtually whenever possible.  If you would like to set a telephone conference, zoom, or in person meeting, please call or email one my paralegals Valerie valerie at glgmail.com<mailto:valerie at glgmail.com> or part time paralegal Theresa theresa at glgmail.com<mailto:theresa at glgmail.com>.  Gourley Law Group legal assistant Paige can be reached at paige at glgmail.com<mailto:paige at glgmail.com>.  Attorney Spencer Clower & paralegal, Kristin Jacobs, can be reached for Estate litigation (spencer at glgmail.com<mailto:spencer at glgmail.com> and kristin at glgmail.com<mailto:kristin at glgmail.com>).
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Amy Goertz
Sent: Friday, May 24, 2024 9:26 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Creditor Opening Probate

I have an individual who is owed money on a judgment against a person who has now died post-judgment.

The surviving spouse of decedent has not started a probate and perhaps is not going to.

Is there a way to submit a claim?

If a creditor starts a probate, are the PR duties of the creditor different than a normal PR or do they have to marshall the assets and deal with other creditors in the same way?

Thanks in advance for your input.

Amy

Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com<mailto:amyjgoertz at icloud.com>

1.888.926.2607 phone
1.877.684.1627 fax
Address for correspondence:
2829 S. Grand Blvd., Suite 303
Spokane, WA 99203

Additional office locations:
510 Bell Street
Edmonds, WA 98020

Goertz & Lambrecht PLLC
www.goertzlambrecht.com<http://www.goertzlambrecht.com/>







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