[WSBAPT] holographic will

[McVittie-Law PC]

PC is the sister of decedent who lived in Washington but made a
holographic will in the hospital in Oregon and signed it in the presence
of at least 5 witnesses (only one of whom actually attested the will. If I
am reading RCW 11.12.020 correctly the will complies with the statutory
requirement that it be in writing. It also appears that under RCW
11.20.020 the nominated PR (the sister) can have one of the other
witnesses sign an affidavit to prove the will. 

If the above is correct, can I then present a petition for probate at ex
parte with the will and the new affidavit? Or, will a hearing be required?
What is the best practice?

Thanks,

Jim

James D. McVittie
Legacy Preservation Law
1841 NW 23rd Ave.
Portland, Oregon 97210
Phone 503-224-6611
Fax 503-224-8811
jim at mcvittie-law.com
www.mcvittie-law.com


=======================


- To contact the list administrator, send a message to:
webmaster at wsbarppt.com

- To unsubscribe, send a new email addressed to: imail at lists.wsbarppt.com,
with the following in the body of the message: unsubscribe wsbapt - OR -
send a message to webmaster at wsbarppt.com asking that you be removed from
the wsbapt list.

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

-------------- next part --------------
A non-text attachment was scrubbed...
Name: winmail.dat
Type: application/ms-tnef
Size: 3958 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20140211/6edf1ecb/winmail.dat>