[WSBAPT] Affidavit of Subscribing Witness

[Lovie Bernardi]

I have a will for admission to probate that has a defective notarization. I obtained affidavits from the two subscribing witnesses. Question (1)Do I send the affidavits with the original will? I will be filing the petition online and sending the will via messenger. I reviewed RCW 11.20.020(2) and it states:

In addition to the foregoing procedure for the proof of wills, any or all of the attesting witnesses to a will may, at the request of the testator or, after his or her decease, at the request of the executor or any person interested under it, make an affidavit before any person authorized to administer oaths, stating such facts as they would be required to testify to in court to prove such will, which affidavit may be written on the will or may be affixed or logically associated with the will or a photographic copy of the will or an electronic will.

I'm thinking I will attach the two affidavits, along with the court certifications, with a paper clip to the will. Question (2)The out of state witnesses scanned and emailed the affidavits. Is that sufficient, or should I have them mail me the original affidavits?

Thanks for your thoughts

Lovie

Lovie L. Bernardi
Flaherty & Bernardi, PLLC
3600 15th Avenue West #205
Seattle, WA  98119
(206) 682-2616

lovie at fb-lawfirm.com<mailto:joni at sbfirm.com>
http://fb-lawfirm.com<http://sbfirm.com/>

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