[WSBAPT] Self proving affidavit/declaration - notarized?

Mon Oct 19 10:21:04 PDT 2015

As to the issue presented by a witness declaration in a will that is probated in another state, doesn’t the full faith and credit clause mean that if it was valid in the state where it was executed, it is valid in any other state?

Ralph Maimon
LAW OFFICE OF RALPH MAIMON, P.S.
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Seattle, WA 98112
(206) 323-0911 Office
(206) 462 1505  Fax
rmaimon at maimonlaw.com<mailto:rmaimon at maimonlaw.com>
www.maimonlaw.com

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Monday, October 19, 2015 8:35 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Self proving affidavit/declaration - notarized?

Lean and Mean, eh?
So, I can have one person and myself act as the witnesses and use a declaration form instead of the notarize affidavit?  Good.  Sometimes it is not easy to get the second witness on site.
I learned something today.

James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com<mailto:jim at doranlegal.com>
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On Sun, Oct 18, 2015 at 1:55 PM, John J. Sullivan <sullaw at comcast.net<mailto:sullaw at comcast.net>> wrote:
I generally use declarations these days since our office is lean and mean. I haven't had a problem proving WA law in ancillary situations.

I had an interesting situation last week - a will from 1960 that was labeled a copy, indicating the original was in the office of a now deceased attorney. But this was before Xerox machines, so the "copy" had original signatures in blue ink. Velategui accepted it as an original.

John Sullivan

Sent from my iPhone

On Oct 18, 2015, at 1:19 PM, Douglas Bratt <djbratt at mbavancouverlaw.com<mailto:djbratt at mbavancouverlaw.com>> wrote:
I have done both, given the Washington statute that equates a properly crafted Declaration as being legally equivalent to an Affidavit.  I always use the Affidavit if I am involved in having the client sign in the office where there are plenty of potential witnesses.  However, upon occasion, with disabled folks, or people in the hospital, to whom I travel, I often choose to use the Declaration, meaning that I only have to involve one neighbor, or a person from down the hall in the hospital, to have the necessary witnesses, assuming I am to be one of the witnesses.

I can echo Martin’s concerns, however, if the will gets probated in another state.  It is not all that much trouble (at least for multi-attorney offices) to always have a couple of witnesses, along with me serving as a Notary, that I would think that would be the practical way to do it, with the least probable issues with the PR getting hassled in an out-of-state court, by a judge in whose state the Declaration form is not similarly accepted in lieu of an Affidavit.

I simply would not habitually do it just one way, in any circumstance.  Each case gets analyzed as to what works best for the convenience of the client, given his/her personal circumstances, and me, in getting the signing accomplished most economically, time-wise.

Regards,

Doug Bratt

Douglas J. Bratt
Lawyer

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Martin Silver
Sent: Friday, October 16, 2015 10:49 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Self proving affidavit/declaration - notarized?

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<mailto:sherman at shermansnowlaw.com>
Sent: Friday, October 16, 2015 10:15 AM
To: 'WSBA Probate & Trust Listserv'<mailto:wsbapt at lists.wsbarppt.com>
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<tel:%28206%29%20659-2498>
3703 S. Edmunds St. #104, Seattle WA 98118
sherman at shermansnowlaw.com<mailto:sherman at shermansnowlaw.com>

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