20^AUG 18 AM I!= U IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

In the Matter ofthe Estate of KARL O. MOLCK, Deceased. No. 69244-5-1 DIVISION ONE UNPUBLISHED FILED: August 18. 2014



### Cox, J. —When a personal representative of an estate inprobate rejects
a creditor's claim against the estate, RCW 11.40.100(1) requires the creditorto "bring suit against the personal representative" within 30 days. Here, the trial court granted the estate's motion to dismiss a creditor's petition to enforce a claim for failure to comply with RCW 11.40.100(1). Because the trial court did not err, we affirm. On October 1, 2010, Karl O. Molck died, leaving property subjectto probate. Moick's niece, Karen Schickling, filed a copy of a will dated September 2008, but did not offer it for probate as she could not locate the original. On October 21, a Snohomish County Superior Court commissioner appointed Schickling as personal representative to administer the estate. On February 25, 2011, Lawrence Reed filed a creditor's claim of$9,500 against the estate, citing RCW 11.40.070. In November 2011, pursuantto RCW 11.68.080(1), Schickling notified creditors, including Reed, that the estate may beNo. 69244-5-1/2 

### insolvent. Schickling filed a notice of rejection ofReed's claim, citing RCW 11.40.100, on January 25, 2012. 

### On February 6, 2012, Reed filed a summons and petition underthe probate cause number seeking enforcement of his creditor's claim and 

### enforcement of his claimed rights ofinheritance underthe copy ofthe September 2008 will. The summons states that it is "Issued in accordance with RCW 11.96A.100 and the rest ofthe Trust and Estate Dispute Resolution Act," and that it is "issued under RCW 11.96A. 100(3)." As to the creditor's claim, the petition asks the court to make findings offact regarding his $9,500 claim againstthe estate and orderthe estate and Schickling to pay the claim, as well as his attorney fees and costs as provided by RCW 11.96A.150. On July 20, 2012, Schickling moved to dismiss Reed's petition for enforcement of his creditor's claim. Schickling argued that because Reed failed to file a separate civil action against the personal representative within 30 days 

### after notification ofrejection, his claim should be "forever barred" under RCW 11.40.100(1). Alternatively, she argued that Reed failed to pay the filing fee required to invoke thejurisdiction ofthe court under RCW 36.18.012 and RCW 36.18.020. 

### Schickling also requested attorney fees and costs under RCW 

### 11.96A.150(1) and attached a fee declaration and invoice for $2,035 inattorney fees. Reed did not eitherfile a response or appearfor the scheduled hearing on the motion.No. 69244-5-1/3 

### After a hearing on July 27, the trial court dismissed Reed's petition for enforcement of his creditor's claim with prejudice and awarded the estate $2,035 in attorney fees. Reed appeals. RCW 11.40.100 

### Reed challenges the dismissal of his petition forenforcementof his creditor's claim, contending that chapter 11.96A RCW, the Trust and Estate 

### Dispute Resolution Act(TEDRA), supersedes priorcase law interpreting RCW 11.40.100 to require a creditor challenging a personal representative's rejection 

### of a claim to file a separate civil suit. Instead, Reed asserts that TEDRA allows such a challenge to be filed either as a separate suit oras a petitionwithin a probate proceeding. We disagree. 

### Themeaning ofa statute is aquestion oflawthat wereview de novo.1 

### Ourobjective is toascertain and carry outthelegislature's intent.2 RCW 11.40.100(1) provides: 

### Ifthe personal representative rejects a claim, in whole or in part, the claimant must bring suit againstthe personal representative 

### within thirty days afternotification ofrejection or the claim is forever barred. The personal representative shallnotifythe claimant of the 

### rejection andfile an affidavitwith the courtshowing the notification and the date ofthe notification. The personal representative shall 

### notifythe claimantofthe rejection by personal service orcertified mail addressed to the claimant or the claimant's agent, ifapplicable, at the address stated in the claim. The date of service or ofthe 

### postmark is the date ofnotification. Thenotification mustadvise the claimantthat the claimant must bring suit inthe proper court 

### against the personal representative within thirty days after notification of rejection or the claimwill be forever barred.

1 Manarv v. Anderson, 176 Wn.2d 342, 350, 292 P.3d 96 (2013). 2 Id. at 350-51.No. 69244-5-1/4 

### Washington courts have interpreted RCW 11.40.100(1) and its prior versions to require a creditorwhose claim has been rejected to file a separate civil action againstthe personal representative because the "probate code of this 

### state contains no provision for a review ofthe rejection of a creditor's claim."3 The creditor mustfile and prosecute an "ordinary civil action," which "is in no


### sense a special proceeding, nor is it a part ofthe probate proceeding."4 Any judgment obtained by the creditorthen establishes "the amount ofthejudgment


### as an allowed claim" against the estate.5 This process provides the "exclusive 

### remedy to the creditor."6 Reed relies on former RCW 11.96A.090(2), which provided, "Ajudicial proceeding under this title may be commenced as a new action or as an action incidental to an existingjudicial proceeding relating to the same trust or estate or 

### nonprobate asset."7 Butcontrary to Reed's bald assertion, a creditor's civil suit to establish the existence of a debt owed by the estate is not a judicial 

### proceeding underTitle 11 RCW.8 And TEDRA specifically provides, "The

3 Schluneqer v. Seattle First Nat'l Bank, 48 Wn.2d 188, 189-90, 292 P.2d 

### 203 (1956); Bailey v. Schramm, 38 Wn.2d 719, 722, 231 P.2d 333 (1951). 4City of Spokane v. Costello, 57 Wash. 183, 189, 106 P. 764 (1910). 5 RCW 11.40.120; Archer Blower &Pipe Co. v. Archer, 33 Wn.2d 317, 320, 205 P.2d 595 (1949). 6Archer Blower, 33 Wn.2d at 320; Gilkes v. Beezer, 4 Wn. App. 761, 768, 484 P.2d 493 (1971). 7Former RCW 11.96A.090(2) (Laws of 1999, ch. 42, § 302). 8 Schluneqer, 48 Wn.2d at 189-90; Bailey, 38 Wn.2d at 722; Costello, 57 Wash, at 189.No. 69244-5-1/5 provisions ofthis chapter shall not supersede, but shall supplement, any otherwise applicable provisions and procedures contained inthis title, including 

### without limitation those contained inchapter... 11.40
.. . RCW."9 Thus, Reed fails to identify any authority requiring the court to consider his petition as a "suit 

### against the personal representative" insatisfaction ofthe requirements of RCW 

### 11.40.100(1). The trial court properly dismissed the petition.10 Reed also claims that (1) dismissal was an overly harsh remedy for his 

### failure to pay a filing fee; and (2) Schickling set her motion to dismiss on the 

### wrong calendar and noted the hearing improperly. ButReed fails to identify any relevant authority justifying relief on these grounds under the circumstances here. 

### We therefore do not address these arguments.11 ATTORNEY FEES 

### Reed assigns error to the trial court's award of attorney fees to the estate 

### and Schickling. But he merelystates that the award was improperbecausethe dismissal of his petition was improper. Because the trial court properlydismissed 

### hispetition underRCW 11.40.100(1), we need notfurther address thisclaim. Both Reed and Schickling request an award of attorney fees on appeal under RCW 11.96A.150, which states that "the superior court or any court on an 9RCW11.96A.080(2). 

### 10 See, e^, In re Estate ofStover, 178Wn. App. 550, 553, 315 P.3d 579 

### (2013) (reversing anddismissingjudgmentoncreditor's claimwherecreditor failed totimelyfile suitin compliance with RCW 11.40.100(1)), review denied, 180Wn.2d 1005(2014). 11 See Cowiche Canvon Conservancy v. Boslev, 118 Wn.2d 801, 809, 828 

### P.2d 549 (1992) (declining review of issues unsupported byauthority or argument).No. 69244-5-1/6 

### appeal may, in its discretion, ordercosts, including reasonable attorneys' fees, to be awarded to any party: (a) From any party to the proceedings." Attorney fees may be awarded "insuch amount and in such manner as the court determines to 

### be equitable."12 This court may "considerany relevantfactor, including whether a 

### case presents novel or unique issues."13 Considering the trialcourt's award below and the merits ofReed's appeal,
we exercise our discretion and award the estate and Schickling attorney fees and 

### costs from Reed, subjectto Schickling's compliance with RAP 18.1. We affirm the order ofdismissal and award reasonable attorney fees and 

### costs to Schickling, subjectto compliance with RAP 18.1. 

# 6tJX,J~.

WE CONCUR: 

# U^tAs /

12 RCW 11.96.150(1). 13 In re Guardianship of Lamb, 173Wn.2d 173, 198, 265 P.3d 876 (2011).