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

Thu May 14 12:21:03 PDT 2026

This exchange gave me a much-needed chuckle.  The Probate and Trust Listserv is the best (IMHO)!

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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
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: Thursday, May 14, 2026 at 12:19 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] RCW 11.28.110 change re verify "by oath"? - RE: 2026 Legislative Update and RPPT Midyear Conference

I baited the hook to catch a Brent Williams-Ruth, and it worked! Thanks Brent—the preview is much appreciated.

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 Brent Williams-Ruth
Sent: Thursday, May 14, 2026 12:15 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] RCW 11.28.110 change re verify "by oath"? - RE: 2026 Legislative Update and RPPT Midyear Conference

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<mailto:info at williams-ruthlaw.com>

e-mail<mailto: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<mailto: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<mailto:eric at sayrelawoffices.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 Liberty Upton
Sent: Tuesday, May 5, 2026 11:55 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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:

a.      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

b.     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

c.      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
[cid:image001.png at 01DCE39B.EE407530]
F.K.A. KHBB Law PLLC
Tel (206) 382-4414 / Fax (206) 382-4412 liberty at bc-estatelaw.com<mailto: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.

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