When is a creditor’s claim considered “timely”?
In Washington, a creditor’s claim is considered “timely” when it is made during the time period stated in the law and in the notice of claim. Generally, the time period for creditors’ claims begins when a debtor passes away. In the case of a deceased debtor, creditors typically have four months to make a claim. This four-month period starts on the day the debtor passes away or, if probate has been opened, then the period begins at the date it opened. If a creditor files a claim after this four-month period has passed, a court may not allow the claim. Creditors also have the right to make claims against any trust set up to help pay off the debts. These claims must be made within three months of the date that the trust is established or within three months of the date that the creditor receives notice of the trust, whichever is later. It is important for creditors to pay close attention to the deadlines for their claims and make sure that these are met. Failing to meet the deadlines for creditors’ claims may mean that the creditor does not get paid for the debt that is owed.
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