[WSBAPT] Will witnessed but not notarized

[Nick Pleasants]

Ann,
Occasionally I have run into a judge or Commissioner Pro Tem that is not familiar with the holding in In re Estate of Starkel, 134 Wn. App. 364, 134 P.3d 1197 (2006). I just point them to this decision. I wrote an article for our section newsletter back in 2020, attached beginning on page 13, discussing the legislative update which preserved the Starkel precedent that witness declarations in lieu of an affidavit are acceptable for a self-proving Will.
I've probated dozens of wills with witness declarations and never had a problem. Only issue I ran into recently was an out-of-state probate court that did not accept the unnotarized Will as self-proving. I think that court got it wrong, because the Will was validly executed in Washington and should have been admissible to probate in that state. So if you are concerned your client might move to another state, maybe the path of least resistance is to notarize it.
Best,
Nick

Nicholas Pleasants | Shareholder

[OseranHahnAttyatLaw 8]

11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Ann Manley <ann at manleyfirm.com>
Sent: Wednesday, October 22, 2025 4:57 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Will witnessed but not notarized

The King County Probate Policy and Procedure Manual says that the court will accept a declaration of witnesses under penalty of perjury in lieu of a signature before a notary.

Has anyone had any experience contrary to this?

Ann Manley, Esq.
The Manley Law Firm, P.S., Inc.
PO Box 16324
Seattle, WA 98116
(206)292-3064 / (206)292-3914 fax
www.manleyfirm.com<http://www.manleyfirm.com>

The Manley Law Firm practice areas include Bankruptcy*, Estate Planning, Auto Accidents, Civil Litigation, Construction, Commercial and Contract Law, Personal injury, Small Business, Unemployment Claims, Wage Loss and Compensation claims

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