[WSBAPT] Another Out of Country PR issue

[Josh Grant]

Interesting.  I have regularly filed PR oath’s signed in declaration form and had no problem with the judge signing the Order appointing PR, but I believe you are correct after reading those statutes.  Maybe this is another statutory change that should be made to make probates more user friendly.  If my litigation witness can sign a declaration, for example, in support of a motion for summary judgment, and lets assume the litigation involves a million dollar claim, then why can’t my prospective  PR, who is appointed to act as such by the testator , sign a binding promise under penalty of perjury etc. to follow the law as a PR without appearing before a Notary?  After all we don’t make a prospective PR promise to support and defend the constitution of the US and of the State of Washington anymore.

Note to Probate Secretary, Oaths need to be signed in front of a Notary.

Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734


From: pugetsoundlaw at gmail.com 
Sent: Thursday, June 23, 2016 2:31 PM
To: 'WSBA Probate & Trust Listserv' 
Subject: Re: [WSBAPT] Another Out of Country PR issue

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

 

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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!

russell at alsnorthwest.com 

 www.alsnorthwest.com  

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

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