[WSBAPT] Executing Will Out of State

[Joshua McKarcher]

Brent,

You should have no problem here, assuming the will is setup exactly as you would in Washington, consistent with its statutes, etc. Then it will be fine if executed “anywhere” and probated in Washington, i.e., if she is a Washington resident (or has Washington property subject to probate) when she dies.

I would be looking a touch closer, though, at residency if she spends half or more of the year in another state and could be subject to probate there instead.

Then I think you could be “belt and suspenders” and confirm that that other state’s statute says, as I assume it does, that a will is valid if executed consistently with the law of any of the testator’s . . .

. . . domicile at time of execution, or

. . . physical location at time of execution, or

. . . jurisdiction of probate (wherever that ends up being).

Your other option (but not really “necessary”) is to execute it with remote online notarization (or even without notarization using the unsworn statement form of the electronic will statute) with the notary sitting in your office in Washington.

That would give it all the hallmarks of a Washington will in the sense that the notary block will say State of Washington, County of King (or whatever), and will still have been executed “in Washington,” because the location of the notary is what “matters.” (The signer-testator can be on the top of Mount Kilimanjaro if they have a data signal and can tap the “sign” button on DocuSign or the like.)

I think you’re going to be fine, good sir, and good for you being so conscientious of the issue. Best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>
www.mckarcherlaw.com<http://www.mckarcherlaw.com/>



From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Monday, October 2, 2023 10:33 AM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Executing Will Out of State

Greetings -

I have a client who saw the turn of the weather and decided to head south to their winter home before we got together to execute their new Will.

I am not seeing anything that would invalidate a Will, executed by a Washington resident, while they happen to be out of state, by an out of state notary and witnesses.

Have I missed something? This is a situation where there are decisions made that will likely draw the ire of some individuals and I wanted to ensure there is no room for challenges.

Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

**EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to the following address: PO BOX 3319; Federal Way, WA 98063

Office/Scheduling Phone: (253) 285-7751

Direct: (253) 285-7453

e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.williams-ruthlaw.com/> / facebook<http://www.facebook.com/bwrlaw> /
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