[WSBAPT] Declaration and Oath - Notarization Necessary?

[Martin Silver]

I use decs quite often, but a good reason to use notarization is if it is likely that the will may be submitted out of state and the court may require proof of WA law.  I guess a court would accept an apparent notarization although they could be picky about that too.  

From: Felicia Value, Attorney at Law 
Sent: Friday, April 14, 2017 9:52 AM
To: WSB Listserv 
Subject: [WSBAPT] Declaration and Oath - Notarization Necessary?

Colleagues,

I’m preparing a Declaration and Oath of Notice Agent in Non-Probate Estate (RCW 11.42.010).  I’ve always had clients sign this in the presence of a notary.  But I just saw one produced by another attorney that isn’t notarized.  And the statute doesn’t seem to require it [“(b) The declaration and oath must be made in affidavit form or under penalty of perjury and must state that the person making the declaration believes in reasonable good faith that the person is qualified under this chapter to act as the notice agent and that the person will faithfully execute the duties of the notice agent as provided in this chapter.”]

What is your practice?  Notarize or not?

Thanks for your thoughts -

Felicia Value
Attorney at Law
PO Box 578/116 North Third Street
La Conner, WA 98257
(360) 466-2088
www.skagitprobate.com

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