[WSBAPT] Self-Proving Affidavit

[Elizabeth Bateman]

No, the testator need not sign the self-proving affidavit.  It is not the
testator's affidavit, and the will itself is valid without the self-proving
affidavit--it's just a question of whether it can be admitted to probate.
The affidavit is by the witnesses, not the testator, and can even be
prepared at a later time by the witnesses so far as their memories are
fresh.

On Wed, Jul 11, 2018 at 3:01 PM, Philip N. Jones <pjones at duffykekel.com>
wrote:

> Unless I am missing something here (always a possibility), I would be
> surprised to see legal authority suggesting that the testator needs to sign
> the affidavit.
>
> If anyone has such authority, please send us a copy, or a cite, or
> something.  I will then call my malpractice carrier.
>
> Phil Jones
>
> Portland, OR
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.
> wsbarppt.com] *On Behalf Of *William Brewer
> *Sent:* Wednesday, July 11, 2018 2:54 PM
> *To:* wsbapt at lists.wsbarppt.com
> *Subject:* [WSBAPT] Self-Proving Affidavit
>
>
>
> Greetings, does the testator have to sign the actual “Self-Proving
> Affidavit” page that is attached to their Will in order for it to be
> self-proving or can just the witnesses sign that page and have it
> notarized. My “research” has come up with conflicting answers.
>
>
>
> Thanks.
>
>
>
>
>
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>



-- 

Elizabeth G. Bateman

Associate Attorney

*Admitted in Washington and Minnesota *
*Bateman Law Group, PLLC*

999 Third Avenue, Suite 2525

Seattle, WA  98104-4089

Tel: (206) 224-0900

Fax: (206) 467-8028



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