[WSBAPT] Procedure for approving Personal Representative's creditor's claim
Jeff at bellanddavispllc.com
Jeff at bellanddavispllc.com
Tue Dec 9 14:22:09 PST 2025
So Eric,
As I have no one to sue, and just want the claim approved, after I file the
TEDRA (without a summons), do I just note up a hearing and give all the
known heirs notice, say 20 days?
Jeff
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
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com>
<http://www.bellanddavispllc.com/> www.bellanddavispllc.com
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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
<mailto:eric at sayrelawoffices.com> 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
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com>
<http://www.bellanddavispllc.com/> www.bellanddavispllc.com
The information contained in this e-mail message may be privileged,
confidential, and protected from disclosure. If you are not the intended
recipient, any dissemination, distribution, or copying is strictly
prohibited. If you think that you have received this e-mail message in
error, please e-mail the sender at <mailto:info at bellanddavispllc.com>
info at bellanddavispllc.com or call 360.683.1129.
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