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

Thu Dec 4 11:17:53 PST 2025

I have done these PR creditor claims both ways' mentioned  - prior to the TEDRA change in the statute and after.  I will admit that a King County probate commissioner allowed a PR creditor claim at a probate hearing outside of TEDRA on a motion even after the change in the statute.  I would definitely file as TEDRA separate cause of action.  You do not need to personally serve TEDRA documents and mailing is allowed but I too tend to serve the documents if I think that will be an issue or if there is going to be an actual personal judgment obtained.

Dalynne Singleton
Dalynne Singleton
Gourley Law Group
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Thursday, December 4, 2025 10:55 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Procedure for approving Personal Representative's creditor's claim

Regrettably, I do think it has to be filed as a separate TEDRA. RCW 11.40.140 was amended in 1999 to require following TEDRA procedures, at a time when RCW 11.96A.090(2) allowed filing a TEDRA petition under the existing case number. But that statute was revised in 2013 to always require a new action for a TEDRA petition. Unintended consequence, probably.

Re service, my rule-of-thumb analysis is that I personally serve anyone against whom I am potentially wanting a personal judgment. Everybody else who is simply interested in the estate administration in some way, I give notice by mail under RCW 11.96A.110.

Under that rule of thumb, for a PR's creditor claim, I don't think personal service to anybody is necessary. The requested relief is just an order approving the claim against the Estate, to be administered with the other claims. No judgment against anybody would issue.

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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>
Sent: Wednesday, December 3, 2025 1:44 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto: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
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email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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