[WSBAPT] Another Out of Country PR issue

[pugetsoundlaw at gmail.com]

I don't think you can get away with a witness for an oath.  The oath isn't
equivalent to "a declaration in lieu of affidavit" situation.  RCW 11.28.170
requires the PR to take and subscribe an oath, before some person authorized
to administer oaths.  The notary is a public official that is authorized to
administer oaths and is usually the most convenient.

 

In Washington, RCW 5.28.010 gives a list of those who may administer oaths:

Every court, judge, clerk of a court, state-certified court reporter, or
notary public, is authorized to take testimony in any action, suit or
proceeding, and such other persons in particular cases as authorized by law.

 

For foreign PRs, usually a consulate is the best bet.  Maybe there are
others officials near her that can administer an oath in lieu of a notary?

 

Tara M. Roberts

Puget Sound Law pllc

roberts at pugetsoundlaw.com <mailto:roberts at pugetsoundlaw.com> 

 

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Russell Mikow
Sent: Thursday, June 23, 2016 2:03 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Another Out of Country PR issue

 

Dear all:

 

I am preparing to file a probate on behalf of a potential PR who lives in a
rural part of Mexico. We normally have the PR sign and have notarized the
Oath of Personal Representative, but she is having difficulty finding a
notary in her locale. Would the Oath be sufficient for RCW 11.28.1701
purposes if it is signed and witnessed (not notarized)? Any bright ideas how
to address this issue? Any guidance would be greatly appreciated!

 

Very truly yours,
 
ADVANCE LEGAL SERVICES, PLLC

Russell L. Mikow

8113 W. Quinault Ave., Ste. 101

Kennewick, WA 99336 

(509) 851-7884

PLEASE NOTE OUR NEW ADDRESS ABOVE!

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Executive Committee Secretary, Washington Chapter, American Immigration
Lawyers Association 2015-2016

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