[WSBAPT] Creditor Opening Probate

[Eric Nelsen]

There is no way to submit a claim without either an open probate or commencement of the notice agent process under Ch. 11.42 RCW.

However, the judgment lien on real property is still valid and can be executed upon, even without a creditor claim. RCW 11.40.135.

If a creditor becomes PR, they have all the same duties as any other PR-an unwelcome job to be sure, but unfortunately there is no way to be the PR without fulfilling all duties. And if the PR needs to submit a creditor claim, they have to get it approved by the court via a TEDRA proceeding, per RCW 11.40.140.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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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