[WSBAPT] Witness Attestations and Self-Proving Affidavits

Fri Mar 6 11:45:31 PST 2026

Inge - which county was this?

Ann Manley, Esq.
The Manley Law Firm, P.S., Inc.
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On Fri, Mar 6, 2026 at 11:36 AM Inge Fordham <inge at fordhamlegal.com> wrote:

> For what it’s worth, I had a commissioner challenge the declaration format
> last week when I admitted a will to probate.  She wasn’t willing to
> recognize the will as self-proving until I pointed to the language of the
> statute.  She did admit the will as self-proving, but I like to keep a
> printout of the statute with me just in case.
>
>
>
> [image:
> uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
>
> *Inge A. Fordham | Attorney*
>
> Fordham Law, PLLC
>
> 3218 Sixth Avenue | Tacoma, WA 98406
>
> Office: (253) 348-2657 | Fax: (253) 276-0280
>
> *www.fordhamlegal.com <http://www.fordhamlegal.com>*
>
>
>
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> *From: *wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> on behalf of Eric Nelsen <
> eric at sayrelawoffices.com>
> *Date: *Friday, March 6, 2026 at 11:29 AM
> *To: *WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject: *Re: [WSBAPT] Witness Attestations and Self-Proving Affidavits
>
> We do same as Amy, and I switched from notary to Declaration for the
> self-proving affidavit for the same reason.
>
>
>
> It’s true that the statute allows skipping the attestation clause and
> using only the self-proving affidavit, but it seems to create a theoretical
> risk: what if the self-proving affidavit becomes separated from the
> remainder of the will? It must be affixed to the will to validate the will.
> Seems safer to have the attestation clause as part of the will right under
> the testator’s signature, and the self-proving affidavit as a separate page
> attached to the will. But the risk also depends on the binding used. Lately
> I’ve seen a regrettable number of original wills held together only by a
> paperclip.
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> Sayre Law Offices, PLLC
>
> 1417 31st Ave South
>
> Seattle WA 98144-3909
>
> 206-625-0092
>
> *eric at sayrelawoffices.com <eric at sayrelawoffices.com>*
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Lewis, Amy C.
> *Sent:* Friday, March 6, 2026 11:17 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Witness Attestations and Self-Proving Affidavits
>
>
>
> We also have witnesses sign the Will and a separate self-proving witness
> declaration.  During Covid we switched from a notarized affidavit to the
> declaration format.
>
>
>
>
>
> Amy Lewis, Attorney
> Pronouns she/her/hers
>
> 909 A Street, Suite 600 | Tacoma, WA 98402
> phone 253.572.4500 | fax 253.272.5732 | *www.eisenhowerlaw.com
> <http://www.eisenhowerlaw.com/>*
>
> *From:* *wsbapt-bounces at lists.wsbarppt.com
> <wsbapt-bounces at lists.wsbarppt.com>* <*wsbapt-bounces at lists.wsbarppt.com
> <wsbapt-bounces at lists.wsbarppt.com>*> *On Behalf Of *Kokie Adams
> *Sent:* Friday, March 6, 2026 11:14 AM
> *To:* WSBA Probate & Trust Listserv <*wsbapt at lists.wsbarppt.com
> <wsbapt at lists.wsbarppt.com>*>
> *Subject:* Re: [WSBAPT] Witness Attestations and Self-Proving Affidavits
>
>
>
> I agree with Inge – my practice is also the belt and suspenders approach.
>
>
>
> Best regards,
>
>
>
> *Kokie Adams*
>
> (pronouns she/her/hers)
>
>
>
> [image: Adams-Logo-Print-300dpi-900wide]
>
>
>
> 7127 - 196th Street S.W.
>
> Suite 201
>
> Lynnwood, WA  98036
>
> 425.774.0444 (phone)
>
> *kokie at adamslawgroupnw.com <kokie at adamslawgroupnw.com>*
>
>
>
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> *From:* *wsbapt-bounces at lists.wsbarppt.com
> <wsbapt-bounces at lists.wsbarppt.com>* <*wsbapt-bounces at lists.wsbarppt.com
> <wsbapt-bounces at lists.wsbarppt.com>*> *On Behalf Of *Inge Fordham
> *Sent:* Friday, March 6, 2026 11:00 AM
> *To:* WSBA Probate & Trust Listserv <*wsbapt at lists.wsbarppt.com
> <wsbapt at lists.wsbarppt.com>*>
> *Subject:* Re: [WSBAPT] Witness Attestations and Self-Proving Affidavits
>
>
>
> I ask the witnesses to sign below the testator/trix’s signature and also
> have them sign the affidavit.  A notary notarize the witnesses’
> signatures.  Belt and suspenders.
>
>
>
>
>
> [image:
> uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
>
> *Inge A. Fordham | Attorney*
>
> Fordham Law, PLLC
>
> 3218 Sixth Avenue | Tacoma, WA 98406
>
> Office: (253) 348-2657 | Fax: (253) 276-0280
>
> *www.fordhamlegal.com <http://www.fordhamlegal.com>*
>
>
>
> *Confidential Communication:* This email is sent to a recipient on behalf
> of an attorney/law firm, and is information intended exclusively for the
> individual, entity or company to which it is sent.  This communication may
> contain proprietary, privileged or confidential information or may
> otherwise be legally exempt from disclosure other than to the intended
> recipient.  If you are not the named addressee, you are not authorized to
> read, print, retain, copy or otherwise disseminate this message or any part
> of it.  If you have received this email in error, please notify the sender
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> *From: **wsbapt-bounces at lists.wsbarppt.com
> <wsbapt-bounces at lists.wsbarppt.com>* <*wsbapt-bounces at lists.wsbarppt.com
> <wsbapt-bounces at lists.wsbarppt.com>*> on behalf of Kaitlin Miller <*Kaitlin at jmg-law.com
> <Kaitlin at jmg-law.com>*>
> *Date: *Friday, March 6, 2026 at 10:44 AM
> *To: **wsbapt at lists.wsbarppt.com <wsbapt at lists.wsbarppt.com>* <*wsbapt at lists.wsbarppt.com
> <wsbapt at lists.wsbarppt.com>*>
> *Subject: *[WSBAPT] Witness Attestations and Self-Proving Affidavits
>
> Good morning:
>
> Quick practice question under RCW 11.12.020:
>
> When using a compliant self-proving affidavit, do you also include a
> separate witness attestation clause and witness signature lines in the will
> itself, or do you have the witnesses sign only the self-proving affidavit?
>
> In other words, is the common practice to (1) have witnesses sign both the
> will and the self-proving affidavit, or (2) rely solely on the self-proving
> affidavit permitted by RCW 11.12.020?
>
> I am more frequently seeing Last Wills which only have a self-proving
> affidavit and I am curious what others are doing in practice and whether
> anyone has encountered probate issues using affidavit-only witness
> signatures.
>
> Thank you.
>
>
>
> Kaitlin Miller
>
> Associate Attorney
>
> Law Office of Jeffrey M. Grieff, P.S.
>
> 1200 5th Avenue, Suite 1950
>
> Seattle, WA 98101
>
> *www.jmg-law.com <http://www.jmg-law.com>*
>
> (206) 467-6969 Telephone
>
> (206) 467-6738 Facsimile
>
>
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