[WSBAPT] will w/ blank affidavit

[David Faber]

Check out RCW 11.20.040:
https://app.leg.wa.gov/rcw/default.aspx?cite=11.20.040

I had to use 11.20.040 in one probate where the Will was from the 70s, both
witnesses were deceased, and the witnesses (despite one being an attorney)
failed to execute a self-proving affidavit. I succeeded in submitting the
Will to probate by having one of the decedent's children sign an affidavit
stating that the handwriting of the Decedent appeared valid and that the
signatures of the witnesses appeared valid, too. Your mileage may vary,
particularly if you have to fight off a challenge to the probate of the
Will, and the Court might force you to provide notice to all heirs-at-law
if not all of them are beneficiary of the purported Will so that they have
a chance to counter your client's allegations of validity, but it should
get you through the door.

Best,
David J. Faber
Faber Feinson PLLC
800 Polk Street, Suite B
Port Townsend, WA 98368
(360) 379-4110

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On Tue, Aug 17, 2021 at 11:55 AM <cyfield at rockisland.com> wrote:

> Harkiran- Depending on language in un-notarized  but signed affidavit, can
> you shoehorn in under declaration statute RCW 9A.72.085? Good luck, Cy
>
>
>
> *Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon);
> Phone: 360-472-1223 *
>
> *Mail: POB 367, Shaw Island, WA 98286; Physical Office:  640 Mullis St
> #214, Friday Harbor, WA*
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Harkiran Sekhon
> *Sent:* Tuesday, August 17, 2021 11:18 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] will w/ blank affidavit
>
>
>
> Hi Listmates,
>
>
>
> What do you typically do when there is a last will and testament that has
> a witness affidavit attached but the notary block is blank?
>
>
>
> My first thought was to track down the witnesses and get statements but
> this is proving to be a little harder than expected. The attorney who
> drafted the will is retired and not sure where they are currently.
>
>
>
> Would love to get the list's thoughts and suggestions on this.
>
>
>
> Thank you!
>
>
>
> Harkiran
>
>
>
> --
>
> Harkiran Sekhon
>
> Attorney
>
> *Sekhon Law, PLLC*
>
> P: (425) 207-4866 | F: (425) 207- 4986 | W: www.sekhonlawpllc.com | A: 707
> S. Grady Way STE 600 Renton, WA 98057
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