[WSBAPT] Oath of PR v. Declaration of PR

Fri Mar 20 09:44:30 PDT 2020

In contrast to " declaration and oath" of Notice Agent pursuant to RCW
11.42.010(3)(b) with can be "in affidavit form or under penalty of perjury".

Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon)

phone: 360-472-1223 Mail: POB 367, Shaw Island, WA 98286 Office: 640 Mullis
St. Friday Harbor, WA

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of John J. Sullivan, Esq.
Sent: Friday, March 20, 2020 12:05 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Oath of PR v. Declaration of PR

Yes. I've never considered the statutory language to permit an oath of a PR
to be made through declaration. 

John J. Sullivan

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 Maureen Wickert
Sent: Thursday, March 19, 2020 5:17 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

https://app.leg.wa.gov/RCW/default.aspx?cite=11.28.170   

https://app.leg.wa.gov/RCW/default.aspx?cite=42.45.010   (RCW 42.45.010(8)) 

The statute particularly states the oath is before "some person authorized
to administer oaths." A notary or a judicial officer are individuals who can
administer the oath. (RCW
<http://app.leg.wa.gov/RCW/default.aspx?cite=42.45.080> 42.45.080).  If
anyone else found a way to use a declaration instead, I am all ears. 

Hope all are doing well and staying safe!  

Very truly yours,

Maureen A. Wickert, Attorney at Law

14900 Interurban Avenue South, Suite 255

        Tukwila, WA 98168

       Phone: 206-859-5502

         Fax: 206-260-9005

     www.wickertlawoffice.com <http://www.wickertlawoffice.com/> 

       wickertlaw at comcast.net <mailto:wickertlaw at comcast.net> 

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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 Jane Bitz
Sent: March 19, 2020 17:04
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

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
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<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

 <mailto:jjdawes at goregrewe.com> jjdawes at goregrewe.com

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