[WSBAPT] Do we even need a notary for a Will signing?

Wed Mar 25 14:57:41 PDT 2020

Just to make this email thread consistent with another thread from today, I wanted to mention that I just read Karen Boxx's email stating that the fix to the problem with self-proving affidavits already happened, which is news to me and is great for solo practitioners: "The change in the statute, to be effective July 2021, that would have disallowed unsworn declarations for this purpose, was reversed this past legislative session (see SSB 6028 section 23)."

Ronda
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Ronda Larson Kramer <ronda at larsonlawpllc.com>
Sent: Wednesday, March 25, 2020 2:45 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Do we even need a notary for a Will signing?

Many of us solo practitioners (who do not have three people available to witness and notarize wills) use a self-proving affidavit so that there is no need for witnesses to authenticate the will during probate. However, the legislature changed the laws regarding sworn statements recently and inadvertently eliminated the ability to do it this way (the effective date of that change is in the future, thankfully, so we can still practice as we have been, for now). A fix is in the works, I have heard.

If you would like the language for the self-proving affidavit, let me know.

Ronda Larson Kramer
J.D., LL.M in Tax Laws, Owner
LARSON LAW, PLLC
Elder Law, Estate Planning
1700 Cooper Point Rd SW, Bldg A3
Olympia WA 98502
Ph: 360-259-3076
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www.larsonlawpllc.com<http://www.larsonlawpllc.com/>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Sarah J. Dion <SDion at skellengerbender.com>
Sent: Wednesday, March 25, 2020 11:56 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Do we even need a notary for a Will signing?

Yes. But you would need the witnesses to authenticate the will if a probate is needed. It’s definitely an option, but like all our will options, we are limited by the need for in-person witnesses.

Sarah Jael Dion

skellenger bender

ATTORNEY

TRUST AND ESTATE PRACTICE

Estate Planning | Probate

PHONE 206.623.6501 | FAX 206.447.1973

sdion at skellengerbender.com|<mailto:sdion at skellengerbender.com%7C>www.skellengerbender.com<http://www.skellengerbender.com/>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jared E. Adams
Sent: Wednesday, March 25, 2020 11:42 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Do we even need a notary for a Will signing?

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For witnessing Wills, can’t we still use an unsworn statement of the witnesses under RCW 9A.72.085? Isn’t that statute still effective until July 1, 2021?

Jared E. Adams, JD, LL.M.

Condie & Adams, PLLC
611 4th Avenue, Suite A
Kirkland, WA  98033
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