[WSBAPT] Witness Attestations and Self-Proving Affidavits

Fri Mar 6 11:46:26 PST 2026

Hi everyone -

I regularly use only the declaration format with only signatures below the attestation clause and have done so for my entire practice (~23 years) without issue.  When I built Agile EP, I included this format (which is basically copied below).  To Inge's point, I include a citation to the statutes in the Will and make it clear that this clause is "part" of "this document" as "the "Will".  To the extent possible, I also make sure with formatting, the self-proving section is on the same page as the testator signature.

Example self-proving declaration:

DECLARATION OF WITNESSES
(SELF PROVING PURSUANT TO RCW 5.50.030, 11.20.020)
Each of the undersigned declares that, on the date written below and, in our presence, JOHN CLIENT declared this document to be his Will and signed it. At the Testator's request and in the presence of the Testator and each other, we are signing as attesting witnesses. The Testator appears to be over 18 years old, of sound and disposing mind and memory, competent in every respect to make a Will, and not under any restraint, duress, or undue influence. Each of us is over 18 years old and competent to be an attesting witness. This declaration is made at the request of JOHN CLIENT for the purpose of proving the foregoing Will.

Each of us further declares under penalty of perjury under the laws of the State of Washington that the foregoing declaration is true and correct.
Signed at _______________, Washington, on ___________________, 2026

I know that some practitioners prefer to use the affidavit format with additional witness signatures and the separate affidavit, which is also included as a "Execution of Will" option in Agile.  I just find it easier to have fewer people at a signing when possible.

Just my two cents!
Katie Groblewski

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Message: 1
Date: Fri, 6 Mar 2026 19:35:38 +0000
From: Inge Fordham <inge at fordhamlegal.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Witness Attestations and Self-Proving Affidavits
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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.

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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Fax: (253) 276-0280 http://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 immediately by email or other communication and delete all copies of the message.
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<mailto: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
[cid:image003.png at 01DCAD5B.93C458E0]
909 A Street, Suite 600 | Tacoma, WA 98402 phone 253.572.4500 | fax 253.272.5732 | http://www.eisenhowerlaw.com/<http://www.eisenhowerlaw.com/>
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 Kokie Adams
Sent: Friday, March 6, 2026 11:14 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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)

[Adams-Logo-Print-300dpi-900wide]

7127 - 196th Street S.W.
Suite 201
Lynnwood, WA  98036
425.774.0444 (phone)
kokie at adamslawgroupnw.com<mailto:kokie at adamslawgroupnw.com>

CONFIDENTIALITY NOTICE: This communication is private and confidential. It is intended to constitute an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 USC 2510. Its disclosure is strictly limited to and intended for the sole use of the recipient intended by the sender of this message. This message may contain information which is privileged or otherwise exempt from disclosure under applicable law. You are hereby notified that any dissemination, distribution or duplication of this communication by someone other than the intended addressee or its designated agent is strictly prohibited. If you have received this communication in error, please notify this firm immediately by collect call at (425) 774-0444, or by reply to this communication and immediately delete the message.

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 Inge Fordham
Sent: Friday, March 6, 2026 11:00 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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.

[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 http://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 immediately by email or other communication and delete all copies of the message.
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 Kaitlin Miller <Kaitlin at jmg-law.com<mailto:Kaitlin at jmg-law.com>>
Date: Friday, March 6, 2026 at 10:44?AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com> <wsbapt at lists.wsbarppt.com<mailto: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
http://www.jmg-law.com/<http://www.jmg-law.com/>
(206) 467-6969 Telephone
(206) 467-6738 Facsimile

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