[WSBAPT] Probating a holographic will with witnesses

[Steve King]

I’ve used separate affidavits for the two witnesses several times when I needed to get an affidavit after the fact.  The court didn’t have an issue with it.

That’s probably much simpler that having both of them sign one affidavit.

Stephen R. King
steve at talislawfirm.com<mailto:steve at talislawfirm.com>

Talis Law PLLC
915 118 Avenue SE, Suite 360
Bellevue, WA 98005
Phone: (425) 943-9968
Fax: (425) 777-2097
talislawfirm.com<http://talislawfirm.com/>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Suzanne Lieberman
Sent: Friday, March 5, 2021 1:34 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Probating a holographic will with witnesses

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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