[WSBAPT] Oath of PR v. Declaration of PR

Thu Mar 19 17:41:08 PDT 2020

I don't know if Spokane County Clerk specifically will accept it.
The argument has been that it appears to be allowed by law, under either RCW 9A.72.085 or RCW 5.50.030 (assuming that swearing in as PR is not an "oath of office" within the meaning of RCW 5.50.030(2)(b)). But arguably RCW 9A.72.085 doesn't really apply to an oath swearing to abide by duties of appointment, because that's not really to "support, evidence, establish, or prove" anything. The PR's oath is a promise, more akin to an oath of office than testimony to establish facts.

RCW 9A.72.085<http://app.leg.wa.gov/RCW/default.aspx?cite=9A.72.085>
Unsworn statements, certification-Standards for subscribing to an unsworn statement. (Effective until July 1, 2021.)
(1) Whenever, under any law of this state or under any rule, order, or requirement made under the law of this state, any matter in an official proceeding is required or permitted to be supported, evidenced, established, or proved by a person's sworn written statement, declaration, verification, certificate, oath, or affidavit, the matter may with like force and effect be supported, evidenced, established, or proved in the official proceeding by an unsworn written statement, declaration, verification, or certificate, which:
(a) Recites that it is certified or declared by the person to be true under penalty of perjury;
(b) Is subscribed by the person;
(c) States the date and place of its execution; and
(d) States that it is so certified or declared under the laws of the state of Washington.
(2) The certification or declaration may be in substantially the following form:
"I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct":

. . . .

. . . .

(Date and Place)

(Signature)

(3) For purposes of this section, a person subscribes to an unsworn written statement, declaration, verification, or certificate by:
(a) Affixing or placing his or her signature as defined in RCW 9A.04.110<http://app.leg.wa.gov/RCW/default.aspx?cite=9A.04.110> on the document;
(b) Attaching or logically associating his or her digital signature or electronic signature to the document;
(c) Affixing or logically associating his or her signature in the manner described in general rule 30 to the document if he or she is a licensed attorney; or
(d) Affixing or logically associating his or her full name, department or agency, and badge or personnel number to any document that is electronically submitted to a court, a prosecutor, or a magistrate from an electronic device that is owned, issued, or maintained by a criminal justice agency if he or she is a law enforcement officer.
(4) 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.
(5) "Digital signature" means an electronic signature that is a transformation of a message using an asymmetric cryptosystem such that a person who has the initial message and the signer's public key can accurately determine whether the:
(a) Transformation was created using the private key that corresponds to the signer's public key; and
(b) Initial message has been altered since the transformation was made.
(6) "Electronic signature" has the same meaning as in RCW 19.360.030<http://app.leg.wa.gov/RCW/default.aspx?cite=19.360.030>.
[ 2019 c 132 § 2;<http://lawfilesext.leg.wa.gov/biennium/2019-20/Pdf/Bills/Session%20Laws/House/1908.SL.pdf?cite=2019%20c%20132%20%C2%A7%202;> 2014 c 93 § 4;<http://lawfilesext.leg.wa.gov/biennium/2013-14/Pdf/Bills/Session%20Laws/Senate/6279-S.SL.pdf?cite=2014%20c%2093%20%C2%A7%204;> 1981 c 187 § 3.<http://leg.wa.gov/CodeReviser/documents/sessionlaw/1981c187.pdf?cite=1981%20c%20187%20%C2%A7%203.>]

RCW 5.50.030<http://app.leg.wa.gov/RCW/default.aspx?cite=5.50.030>
Validity of unsworn declaration-Exceptions.
(1) Except as otherwise provided in subsection (2) of this section, if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this chapter has the same effect as a sworn declaration.
(2) This chapter does not apply to:
(a) A deposition;
(b) An oath of office;
(c) An oath required to be given before a specified official other than a notary public;
(d) A declaration to be recorded pursuant to Title 64<http://app.leg.wa.gov/RCW/default.aspx?cite=64> or 65<http://app.leg.wa.gov/RCW/default.aspx?cite=65> RCW; or
(e) An oath required by RCW 11.20.020<http://app.leg.wa.gov/RCW/default.aspx?cite=11.20.020>.
[ 2011 c 22 § 4.<http://lawfilesext.leg.wa.gov/biennium/2011-12/Pdf/Bills/Session%20Laws/House/1345.SL.pdf?cite=2011%20c%2022%20%C2%A7%204.>]

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jane Bitz
Sent: Thursday, March 19, 2020 5:04 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Oath of PR v. Declaration of PR

I would like to know the answer to this generally as well. It would be much easier to file declarations instead of notarized oaths.

Jane G. Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E. Mission Ave, Suite 5
Spokane Vallley, WA 99206-4824
(509) 927-9700 x126
FAX: (509) 777-1800

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Jeanne Dawes
Sent: Thursday, March 19, 2020 4:38 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Oath of PR v. Declaration of PR

Dear Listmates:

Should I assume, since no one has responded, that the court (specifically the Spokane county court) will not allow the use of a Declaration form of Oath of PR in connection with obtaining Letters Testamentary or Letters of Administration?

Jeanne

Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice:  509-326-7500
Fax:      509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeanne Dawes
Sent: Wednesday, March 18, 2020 3:17 PM
To: 'WSBA Probate & Trust Listserv (wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>)' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Oath of PR v. Declaration of PR

Dear Listmates:

I recall back maybe a year or more ago, chatter on the list serve about using a Declaration of PR rather than an Oath that requires a Notary.  My recollection is that some of you are using the Declaration format and have not had any issues.  None of those responses, however, were from Spokane County.

I'm wondering if anyone has been successfully using a Declaration of PR format in Spokane County successfully, and if so if you would mind sharing with me the form you used.  I want to practice social distancing by not making my clients come into the office or go anywhere just to get a notary acknowledgement on the Oath.

Thanks for your help - and stay safe out there.

Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice:  509-326-7500
Fax:      509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>
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