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WA-Probate > Probate Instructions > Administering the Estate > Rejecting a Creditor's Claim

 

Washington Probate Instructions

 

 

Rejecting a Creditor's Claim

 

 

RCW 11.40.100 provides the requirements for rejecting a Creditor's Claim.  To satisfy these requirements:

Notice of Rejection of Creditor's Claim & Declaration of Mailing form.

Timing:

 

If the Creditor's Claim is for $1,000 or less --- Do all the above by the later to occur of:

If the Creditor's Claim is for more than $1,000 --- Do all the above by the later to occur of:

"Holding" a Creditor's Claim (instead of actively rejecting it):  See Allowing a Creditor's Claim.

 

Partial Allowance or Payment:  If you are allowing or paying less than the full amount of a Creditor's Claim as presented (ie, allowing or paying in part and rejecting in part), then complete the Creditor's Claim by checking the box to the left of "I allow this Claim" and filling in that partial amount of the claim that you are allowing or paying.

 

If you are partially allowing a Creditor's Claim but not simultaneously paying it, then send one copy of the partial allowed Creditor's Claim to the claimant and file another copy of it with the Court.

 

If you are partially paying the Claim, then make out your check to the claimant in the partial amount that you are allowing and paying and:

You will also need to formally reject that portion of the Claim that you are not allowing or paying by following the procedure described at the top of this page (including Notice of Rejection form and notice by Certified Mail) as to its rejected portion.

 

Recourse of a Rejected Claimant    

 

Caution:  The effect of your rejecting a Creditor's Claim (whether in whole or in part) is to put the rejected claimant to an election.  In order to pursue the Claim following its rejection, the claimant's only recourse is to file a lawsuit against you as Personal Representative within 30 days of notice of rejection or be barred. RCW 11.40.100(1)  Consequently, rejecting a Creditor's Claim effectively invites an immediate lawsuit.  WASHINGTON PROBATE suggests prudence: Keep negotiating with the claimant towards an amicable settlement and reject the Claim only if you see no other reasonable alternative; and if you do reject a Claim, time mailing your Notice of Rejection such that you will have sufficient time and energy to respond to the lawsuit that will likely follow.

 

 

Disposing of Lawfully
Presented Creditor's Claims

WASHINGTON (State) PROBATE
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