[WSBAPT] Self proving affidavit/declaration - notarized?

[Martin Silver]

I haven't done a will in years, but my only concern was if the estate has to be probated in another jurisdiction, do you want to have to go through the rigmarole of proving up 
WA law.  So I went back to witness affidavits in most cases.  

From: Sherman Snow 
Sent: Friday, October 16, 2015 10:15 AM
To: 'WSBA Probate & Trust Listserv' 
Subject: [WSBAPT] Self proving affidavit/declaration - notarized?

Happy Friday – 

 

Just curious if any of you for your wills, for the self-proving affidavit, use a declaration without a notary?

 

I have seen that to satisfy RCW 11.20.020 for a self-proving affidavit for a will, instead of the more traditional affidavit with two witness and a notary, just having a declaration with the two witness signatures. Pursuant to RCW 9A.72.085 the witnesses need to declare under penalty of perjury under the law of the State of Washington true and correct…, but it seems if this is satisfied, no notary is required for the affidavit.

 

Has anyone used this regularly? Any problems in probate?

 

Thanks so much, 

 

Sherman

 

 

 

Snow Law PLLC
(206) 659-2498
3703 S. Edmunds St. #104, Seattle WA 98118

sherman at shermansnowlaw.com

 

 



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