[WSBAPT] Affidavit of Subscribing Witness

Ann Manley ann at manleyfirm.com
Thu Oct 12 12:48:13 PDT 2023


I'm curious - what is the issue with the notarization?

Ann Manley, Esq.
The Manley Law Firm, P.S., Inc.
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On Wed, Oct 11, 2023 at 5:29 PM Lovie Bernardi <lovie at fb-lawfirm.com> wrote:

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