[WSBARP] Non-probate estate claim

[Eric Nelsen]

Unfortunately the only remedy I know of is for the creditor to start a probate and file their creditor claim. It then becomes the PR's duty to pursue any assets to satisfy the claim, per abatement statutes Ch. 11.10 RCW. It's a thankless process and often costly, so I don't think it happens very often. Unless the decedent was sure to have enough assets to ensure payment to the landlord, plus at least, say, a $30,000 cushion or more to pay expenses (might not be that much, but need to be pessimistic), plus some confidence that the decedent's other potential debts aren't going to swamp the landlord's claim, it's probably not worth it.

Plus, does the landlord really want to be saddled with the full duties of a PR? Probably not. A professional fiduciary could be appointed, but that increases the expenses drastically so again, might not be worth it.

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: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Chris B
Sent: Thursday, July 13, 2023 1:14 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Non-probate estate claim

I have a client who is a landlord. He has a tenant (now deceased) who caused a lot of damage to an apartment (not just a few thousand).  The deceased tenant had some actual assets, but probably not enough to trigger a probate.

Any idea on how to pursue a claim against an estate that isn't being probated?  I've looked at the statutes and have no clear idea what he can do.

Chris Benis
First Avenue Law Group, PLLC
321 First Avenue West, Seattle, WA  98119
206.447-1900 office - 206.447.9075 fax - www. firstavenuelaw.com

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