[WSBAPT] Will - later Affidavit of Subscribing Witness

[Eric Nelsen]

I do what Dalynne does-file the unaltered Will as a single document as it was executed, and later-signed proof affidavits separately.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Thursday, October 12, 2023 6:46 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Will - later Affidavit of Subscribing Witness

Whenever I supplement the original Will with affidavits, I file the affidavits as a separate pleading as you would a petition, oath, etc.
The original Will is not supplemented but filed as it was at the time of signing.  This has worked for me in the past and the court has accepted the Will and pleadings as a package.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
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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 Lovie Bernardi
Sent: Wednesday, October 11, 2023 5:23 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Affidavit of Subscribing Witness

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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