[WSBAPT] TODD Subject to Creditors?

[Brent Williams-Ruth]

I am curious - has anyone on the list had a TOD Estate - where all assets
went via beneficiary or TOD designation - but then had a credit card
company or other creditor actually take the steps to open probate to be
able to file a creditor claim?

I figure there has to be a threshold value. I can speculate with relative
certainty that a multi-national bank will not spend the time/money to chase
$3,000 or $5,000 - but what about $15,000? $50,000?

Has anyone been part of a process where the client did not open probate and
then a creditor did?

*Brent Williams-Ruth* (pronouns: he/him)
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*

*Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*

*Mailing Address: **PO BOX 3319; Federal Way, WA 98063 *

Office/Scheduling Phone: (253) 285-7751

For All Meetings & Scheduling: info at williams-ruthlaw.com

e-mail <Brent at Williams-RuthLaw.com> / website
<http://www.williams-ruthlaw.com/> / facebook
<http://www.facebook.com/bwrlaw> /


On Thu, Sep 18, 2025 at 12:00 PM Eric Nelsen <eric at sayrelawoffices.com>
wrote:

> Yes. RCW 64.80.120
> <https://app.leg.wa.gov/RCW/default.aspx?cite=64.80&full=true#64.80.120>:
>
>
>
> A beneficiary of a transfer on death deed is liable for an allowed claim
> against the transferor's probate estate and statutory allowances to a
> surviving spouse and children to the extent provided in RCW *11.18.200*
> <http://app.leg.wa.gov/RCW/default.aspx?cite=11.18.200>, *11.42.085*
> <http://app.leg.wa.gov/RCW/default.aspx?cite=11.42.085>, and chapter
> *11.54* <http://app.leg.wa.gov/RCW/default.aspx?cite=11.54> RCW.
>
>
>
> Of course, the creditors have the same problem they always do in this
> circumstance. If no probate is opened, they have no place to file a
> creditor claim. If two years goes by, their claims are extinguished.
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> Sayre Law Offices, PLLC
>
> 1417 31st Ave South
>
> Seattle WA 98144-3909
>
> 206-625-0092
>
> eric at sayrelawoffices.com
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *James Dolan
> *Sent:* Thursday, September 18, 2025 10:42 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] TODD Subject to Creditors?
>
>
>
> I think I know the answer to this but I am hoping someone smarter than me
> will offer a better answer.
>
>
>
> At death, decedent had a small bank account in his name, owned a 2013 GMC
> SUV worth approximately $8,000, and a home.   He had 6 credit cards with a
> total of approximately $40,000 in debt.
>
>
>
> His home has TODD to significant other.  We do not plan to do a probate.
> I am not worried about the small bank account or the vehicle.
>
>
>
> Question, is the home conveyed to significant other via TODD subject to
> claims from creditors?
>
>
>
> Jim Dolan
>
>
>
> ==================
>
>
>
> Jones Butler Dolan, PS
>
> P.O. Box 458
>
> 10027 SR 532
>
> Stanwood, WA 98292
>
> (tel) 360-336-2939
>
> (fax) 360-336-2949
>
>
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