[WSBAPT] RCW 11.28.110 change re verify "by oath"? - RE: 2026 Legislative Update and RPPT Midyear Conference

Thu May 14 12:14:57 PDT 2026

Thank you Eric for this amazing question - and to highlight why I am
excited to be presenting ONE FULL HOUR of the changes to the statutes under
what was called the "Ending Probate for Profit" bill that was signed into
law.

To give a sneak peek into the first substantive slide of my presentation, I
can tell you that the intent of the language was meant to *reinforce* the
signed-under-penalty-of-perjury requirement, not to change anything.

In verifying this with our contact at the AGO, this revision was put into
because they had found that petitioners were not always properly signing
and swearing to their petitions. Those extra two words in RCW 11.28.110
were meant as a reminder.

I look forward to sharing this and much more with those who are able to
attend the RPPT Mid-Year in Vancouver in just a couple short weeks!

Brent

*Brent Williams-Ruth* (pronouns: he/him)
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*

*Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*

*Mailing Address: **PO BOX 3319; Federal Way, WA 98063 *

Office/Scheduling Phone: (253) 285-7751

For All Meetings & Scheduling: info at williams-ruthlaw.com

e-mail <Brent at Williams-RuthLaw.com> / website
<http://www.williams-ruthlaw.com/> / facebook
<http://www.facebook.com/bwrlaw> /

On Thu, May 14, 2026 at 10:22 AM Eric Nelsen <eric at sayrelawoffices.com>
wrote:

> One of the upcoming changes – soon! June 11! – is to RCW 11.28.110. Where
> it used to say that the petition to commence a probate must be “verified by
> the applicant or his or her attorney,” it’s amended to say “verified by *oath
> of* the application or his or her attorney.”
>
>
>
> Is that a substantive change? My practice has always been to have the
> client sign the petition under penalty of perjury. The addition of “oath
> of” to the statute doesn’t appear to cause any of the exceptions in the
> Unsworn Declarations Act to apply. RCW 5.50.030
> <https://apps.leg.wa.gov/rcw/default.aspx?cite=5.50&full=true#5.50.030>.
> The petition isn’t an “oath of office” the way the actual oath of the PR is
> (which still requires a notary).
>
>
>
> Is there any substantive difference between a “verified petition” and a
> petition “verified by oath”?
>
>
>
> 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 *Liberty Upton
> *Sent:* Tuesday, May 5, 2026 11:55 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] 2026 Legislative Update and RPPT Midyear Conference
>
>
>
> 1. *2026 Real Property, Probate, and Trust Section Midyear Conference.*
> The RPPT Midyear will be June 5th – 7th at the Hilton in Vancouver,
> Washington. The deadline to get in on the RPPT room block at the hotel is
> May 13th. You can register here:
> https://www.mywsba.org/PersonifyEbusiness/Default.aspx?TabID=1356&productId=28499234
>
>
>
> 2. *Legislative Update. *The following bills passed during the recent
> legislative session and will go into effect soon:
>
>
>
>    1. *SB 6347* – Changes to Estate Tax Rates and Estate Tax Exemption
>    for deaths on or after *7/1/26*.
>    https://app.leg.wa.gov/BillSummary/?BillNumber=6347&Year=2026
>
>
>
>    2. *HB 2445* – Ending Probates for Profit. Effective on *6/11/26*.
>    Brent Williams-Ruth will be doing a full hour-long presentation at the RPPT
>    Midyear about the changes to the probate process because of this bill.
>    There are major changes especially for intestate estates.
>    https://app.leg.wa.gov/billsummary?BillNumber=2445&Year=2025&Initiative=false
>
>
>
>    3. *SB 6346* – Millionaires’ Tax. Effective dates are all over the
>    place and it is already being challenged.
>    https://app.leg.wa.gov/billsummary/?BillNumber=6346&Year=2025&Initiative=false
>
>
>
>                d.* HB 2158* – Electronic Notarial Acts effective *1/1/27*.
>
> https://app.leg.wa.gov/BillSummary/?BillNumber=2158%20&Year=2025&Initiative=false
>
>
>
> Happy reading!
>
>
>
>
>
> Liberty Upton
>
> Attorney
>
> F.K.A. KHBB Law PLLC
>
> Tel (206) 382-4414 / Fax (206) 382-4412 *liberty at bc-estatelaw.com
> <liberty at bc-estatelaw.com>*
>
> 1000 Second Avenue / Suite 3670 / Seattle, WA 98104 / *www.bc-estatelaw.com
> <http://www.bc-estatelaw.com/> *
>
>
>
> *Please note our new firm name and address.*
>
>
>
> *Vacation Notice: I will be out of the office June 5th – June 24th. *
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
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