[WSBAPT] Notarized will but not witnessed

Diane J. Kiepe DJKiepe at depdslaw.com
Thu Sep 1 15:28:20 PDT 2022


The Will fails for lack of proper execution.  You do need to file an intestate estate and follow the intestate rules (subject to TEDR Agreements that all parties may agree to of course).  Many times it won't matter because intestacy rules often follow a person's natural plan but not always.......

Good luck.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
Sent: Thursday, September 1, 2022 2:57 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Notarized will but not witnessed

No one is PR yet.  I think you should just file intestate.  No harm in asking court for instructions, though, other than wasted time and perhaps fees??  File intestate petition and in that petition explain it all and ask for instructions too??  Judge or Commish should say file intestate.

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 Ken Luce
Sent: Thursday, September 1, 2022 2:42 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Notarized will but not witnessed

My client brought in a will that was only notarized and no witnesses. Only one child who is PR. Any thoughts on how to proceed?  Should I ask court for instructions.


Kenyon Luce
Luce & Associates, P.S.
5308 12th St E
Tacoma, WA 98424
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