[WSBAPT] Another Out of Country PR issue

Thu Jun 23 16:06:09 PDT 2016

We have used Declarations of PRs for people who are in remote locations.  You need to revise your order to state that Letters Testamentary will be issued upon the filing of a Declaration.  We have had no trouble with this in King County.  Best, Marcia

From: jgrant at accima.com
To: wsbapt at lists.wsbarppt.com
Date: Thu, 23 Jun 2016 15:05:27 -0700
CC: secretary.jgrant at accima.com
Subject: Re: [WSBAPT] Another Out of Country PR issue

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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