[WSBAPT] Affidavit of Subscribing Witness

Thu Oct 12 14:31:26 PDT 2023

I have added this verbage to my GR17 affidavit to cover electronic
signatures and have yet to receive any pushback (knock on wood):

Electronically signed pursuant to Washington Supreme Court Order No.
25700-B-697 ¶16

On Thu, Oct 12, 2023 at 12:54 PM Eric Nelsen <eric at sayrelawoffices.com>
wrote:

> GR 30 governs “electronic signatures” and has provisions on what to do
> about signatures of non-attorneys. See GR 30(d)(2)
> <https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_30_00_00.pdfhttps:/www.courts.wa.gov/court_rules/pdf/GR/GA_GR_30_00_00.pdf>
> subsections (B), (C), and (E). It refers to documents signed “under penalty
> of perjury” and I assume that means both declarations and notarized
> affidavits.
>
>
>
> I agree with Mark though—I routinely ask for the wet ink to be mailed to
> me for my file.
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> Sayre Law Offices, PLLC
>
> 1417 31st Ave South
>
> Seattle WA 98144-3909
>
> 206-625-0092
>
> eric at sayrelawoffices.com
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Mark Anderson
> *Sent:* Thursday, October 12, 2023 11:40 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Affidavit of Subscribing Witness
>
>
>
> It does not look like GR 17 actually covers scanned documents sent by
> email (in addition to fax).  Should someone be proposing a rule change?
>
>
>
> I always ask an affiant/declarant to send me their original "wet ink"
> signed affidavit/declaration.  It may be slower, but it helps me control
> the process and the quality of the document if it is to be
> submitted/filed/recorded electronically.
>
>
>
>
> *Mark B. Anderson *ANDERSON LAW FIRM PLLC
> 821 Dock St  Ste 209  PMB 4-12
> Tacoma, Washington 98402
> +1 253-327-1750
> +1 253-327-1751 (fax)
> marka at mbaesq.com
> www.mbaesq.com
>
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Genissa Richardson
> *Sent:* 10/12/2023 10:43 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Affidavit of Subscribing Witness
>
>
>
> I believe GR17's for the scanned and emailed signatures should do the
> trick?
>
> *Genissa Richardson, Attorney at Law*
>
> *True North Legal Services, PLLC*
>
> *301 Prospect St., Bellingham, WA 98225*
>
> *PO Box 934, Bellingham, WA 98227 (mailing address)*
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> On Wed, Oct 11, 2023 at 5:33 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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