[WSBAPT] Another Out of Country PR issue

Thu Jun 23 15:27:48 PDT 2016

Thanks John.  The language “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”  also appears in 5.50.030.  So because the oath can be taken by a notary public under 11.28.170 (some person authorized to administer oaths)  then maybe a declaration will work?

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

From: John Creahan 
Sent: Thursday, June 23, 2016 2:57 PM
To: WSBA Probate & Trust Listserv 
Subject: Re: [WSBAPT] Another Out of Country PR issue

Take a look at RCW 9A.72.085 which would appear to allow a declaration, although there are exceptions which could potentially apply.

John Creahan

206-621-5848
www.cairn-law.com

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lisa Schuchman
Sent: Thursday, June 23, 2016 2:41 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Another Out of Country PR issue

I’m not sure that works.

RCW 11.28.170

Oath of personal representative.

Before letters testamentary or of administration are issued, each personal representative or an officer of a bank or trust company qualified to act as a personal representative, must take and subscribe an oath, before some person authorized to administer oaths, that the duties of the trust as personal representative will be performed according to law, which oath must be filed in the cause.

Lisa E. Schuchman
206-325-2801, ext. 104
www.lisaschuchman.com

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Thursday, June 23, 2016 2:27 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Another Out of Country PR issue

Do the Oath in the form of a Declaration.

From: Russell Mikow 

Sent: Thursday, June 23, 2016 2:03 PM

To: WSBA Probate & Trust Listserv 

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  

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