[WSBAPT] Procedure for approving Personal Representative's creditor's claim

[Mark Anderson]

I will be interested to hear the answers on this.  I am dealing with an Arizona probate with a similar set of facts.

In the Arizona probate action, "John" petitioned to open probate through counsel.  In the petition, John identified himself as a creditor of the estate.  The Court appointed John as the personal representative.  Before the waiting period had passed, the estate counsel (and not John himself) filed a substantial creditor's claim on behalf of John.  When I say "substantial," I mean it would subsume all assets of the estate.  At first blush, this appears to be a self-serving conflict of interest for the attorney.  I cannot comment on the Arizona procedure for resolving this because I am not admitted there.  But the answers to Jeff's post might give me some food for thought.

I represent a beneficiary of the Arizona estate.  Any suggestions for how to proceed?

In advance, thanks for weighing in.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
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Tacoma, Washington 98402
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Wednesday, December 3, 2025 1:44 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Procedure for approving Personal Representative's creditor's claim

LIstmates:

Have any of you sought court approval for a PR's creditors claim?  I know the probate code you follow the procedures under TEDRA; but do we really have to file a separate action?  If so, who must be personally served?  Its one thing to mail notice of hearing to all heirs, but personally serve them?

Jeff Davis

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
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email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
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