[WSBAPT] Probating a holographic will with witnesses

Suzanne Lieberman suzanne at cmslawfirm.com
Fri Mar 5 13:34:13 PST 2021


Hello,

We have a client whose legally competent mother signed a handwritten will
with two witness signatures, not notarized.

The will does not name anyone as PR, so also does not mention serving
without bond and the request for non-intervention powers. On top of waivers
from the two other beneficiaries (her brothers), I assume we use the PR,
Bond, and Nonintervention Powers provisions of the intestate petition,
correct? Also we wouldn't need to request a hearing if we obtained the
waivers, correct? If we do, what would be suggested language for a hearing?

The witnesses are willing to sign an affidavit of subscribing witnesses.
One is out-of-state, however. Can the signatures and notary blocks be
signed separately on separate pages? Or would one witness have to get the
document signed and notarized and then sent to the second witness for
signature and notarization? (Or would neither of these options work - would
they both need to sign at once with the same notary?)

Thanks for any help.

Sincerely,

Suzanne Lieberman
CMS Law Firm LLC <http://cmslawfirm.com/>
*811 Kirkland Ave. Suite 201 *(please note new address!)
Kirkland, WA 98033
206-383-6484 (Cell Phone)
206-659-1512 (Main Office)


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