[WSBAPT] Question about will without self-proving affidavit

Mon Apr 17 10:05:29 PDT 2023

Thanks, Roger, I agree!

Best,
Candace

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
Sent: Monday, April 17, 2023 11:54 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Question about will without self-proving affidavit

If you can find one of the witnesses and get a sworn statement, that will work.
This case is an example of how the probate law needs updating.

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 Candace Wilkerson
Sent: Monday, April 17, 2023 8:18 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Question about will without self-proving affidavit

Hi all,

I am about to file a petition for probate, with an original will that has no self-proving affidavit.  It is witnessed by the required two witnesses.

The witnesses do state that the testator signed the will in the witnesses' presence, that the witnesses signed the will at the testator's request and in her presence and in the presence of each other, and that the testator declared the document to be her will, but this is not sworn testimony.  Nor is there a statement about the testator's age, competency, or lack of duress, etc.

I believe King County Superior Court would reject this will for lack of the self-proving affidavit, but I'm not sure.  Is anyone familiar with how the Snohomish court would deal with this?  I'm considering simply trying to track down the witnesses for a declaration before filing the petition for probate.

Thanks,
Candace Wilkerson

*Candace is available to respond to emails and phone calls between the hours of 7:00 a.m. and 3:00 p.m.  If you have an urgent matter outside that time period, please call our office at the number below.

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Top Ranked Law Firm for 2015 by Fortune Magazine and American Lawyer Media
Candace Wilkerson  | Senior Associate  |  Wong Fleming

9840 Willows Road NE, Suite 200  |  Redmond, WA 98052
Phone: 425.869.4040  |  Fax: 425.869.4050
cwilkerson at wongfleming.com<mailto:cwilkerson at wongfleming.com>

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IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (a) avoiding penalties under the Internal Revenue Code or (b) promoting, marketing or recommending to another party any transaction or matter addressed herein.
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