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

Thu Mar 26 10:51:41 PDT 2020

I believe they still do if you ever need them to record them to convey real estate. 

John J. Sullivan

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Nicholas Pleasants
Sent: Thursday, March 26, 2020 10:35 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Do we even need a notary for a Will signing?

Powers of Attorney do not need to be notarized. RCW 11.125.050(1) – two unrelated witnesses are sufficient.

That said, I know most banks and title companies prefer it to be notarized, but it is always an option for clients to be able to execute it on their own and have their neighbors/friends witness.

Best,

Nick

Nicholas Pleasants

Pleasants Law Firm, P.S.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel/fax
 <mailto:nick at pleasantslaw.com> nick at pleasantslaw.com

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From: <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> > on behalf of "John J. Sullivan, Esq." <sullaw at comcast.net <mailto:sullaw at comcast.net> >
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Date: Thursday, March 26, 2020 at 10:01 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Do we even need a notary for a Will signing?

Yes. There was some initial confusion on the part of one of the judicial officers in Ex Parte in Seattle. But the consensus has formed that RCW 9A.72.085 remains effective until July 1, 2021.

So we can still make our Wills “self-proving” with Declarations. But we do need a Notary for powers of attorney now. 

And there remains the dilemma of how to have witnessing in the era of social distancing. 

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 Doris Eslinger
Sent: Wednesday, March 25, 2020 4:13 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Do we even need a notary for a Will signing?

That’s what I do and I haven’t had any problem getting Letters Testamentary.  I opened two probates in King County without any issue last week.  In each case, the Wills (4 Wills in total for two couples) were witnessed by two witnesses without notary.   

Regards, 

Doris Eslinger
Attorney at Law
Eslinger Law Office, PLLC 
2200 112th Ave NE | Suite 200 | Bellevue, WA 98004 | Phone: (425) 451-3237 | 
Fax: (425) 633-2468 |  <mailto:doris at eslingerlawoffice.com> doris at eslingerlawoffice.com |  <http://www.eslingerlawoffice.com/> eslingerlawoffice.com  

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

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
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