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

[Eric Nelsen]

A summons is still required for every TEDRA, but I would just mail the summons along with the notice of hearing. And yes, set the hearing out at least 20 days. A minimum of 23 days so there's no argument under CR 6 about "adding 3 days" for mailing. I would suggest more like 28 days or more, to leave no room for an argument about inadequate notice.

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 Jeff at bellanddavispllc.com
Sent: Tuesday, December 9, 2025 2:22 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Procedure for approving Personal Representative's creditor's claim

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>
www.bellanddavispllc.com<http://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 info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>  or call 360.683.1129.


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 Eric Nelsen
Sent: Thursday, December 4, 2025 10:55 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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
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>
www.bellanddavispllc.com<http://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 info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>  or call 360.683.1129.


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