[WSBAPT] Self-proving affidavit/declaration

[Jennifer C. Rydberg]

A two witness declaration is fine for a Will executed pursuant to Washington
law.  Notarization is not required.  I've seen a number of Wills written by
downtown Seattle (and elsewhere) law firms who use the declaration protocol
for their clients' Will witness testimony.  I've submitted a number of these
Wills for probate and never had a judge or commissioner question it, nor has
the validity of these wills been objected to by an heir on these grounds.

RCW 9A.72.085

Unsworn statements, certification - Standards for subscribing to an unsworn
statement.

(1) Whenever, under any law of this state or under any rule, order, or
requirement made under the law of this state, any matter in an official
proceeding is required or permitted to be supported, evidenced, established,
or proved by a person's sworn written statement, declaration, verification,
certificate, oath, or affidavit, the matter may with like force and effect
be supported, evidenced, established, or proved in the official proceeding
by an unsworn written statement, declaration, verification, or certificate,
which:

     (a) Recites that it is certified or declared by the person to be true
under penalty of perjury;

     (b) Is subscribed by the person;

     (c) States the date and place of its execution; and

     (d) States that it is so certified or declared under the laws of the
state of Washington.

     (2) The certification or declaration may be in substantially the
following form:




     "I certify (or declare) under penalty of perjury under the laws of the
State of Washington that the foregoing is true and correct":


. . . . . . . . . . . . 

. . . . . . . . . . . . 


(Date and Place)

(Signature)




     (3) For purposes of this section, a person subscribes to an unsworn
written statement, declaration, verification, or certificate by:

     (a) Affixing or placing his or her signature as defined in RCW
<http://app.leg.wa.gov/rcw/default.aspx?cite=9A.04.110> 9A.04.110 on the
document;

     (b) Attaching or logically associating his or her digital signature or
electronic signature as defined in RCW
<http://app.leg.wa.gov/rcw/default.aspx?cite=19.34.020> 19.34.020 to the
document;

     (c) Affixing or logically associating his or her signature in the
manner described in general rule 30 to the document if he or she is a
licensed attorney; or

     (d) Affixing or logically associating his or her full name, department
or agency, and badge or personnel number to any document that is
electronically submitted to a court, a prosecutor, or a magistrate from an
electronic device that is owned, issued, or maintained by a criminal justice
agency if he or she is a law enforcement officer.

     (4) This section does not apply to writings requiring an
acknowledgment, depositions, oaths of office, or oaths required to be taken
before a special official other than a notary public.

 

 

With kindest regards,

 

Jenny Rydberg 

 

 <http://www.jcrlaw.com/> 

 

 <http://www.jcrlaw.com/> 

 

 
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