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

Thu May 14 12:33:04 PDT 2026

My feelings are not hurt that my questions have not been answered, but I typed way too many words for anyone to try to answer even in preview form. I’m difficult that way.

But, Eric, why can’t a PR not sign the oath under penalty perjury under 5.50? Is that really an oath of office under 5.50.030 (2)(b)? I will fully admit that I had always read that to mean like a judge or a legislator being sworn in.

Ack!

Joshua McKarcher

Attorney, Owner
McKarcher Law PLLC
o: (509) 758-3345
josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>

[A close-up of a logo  AI-generated content may be incorrect.]<https://mckarcherlaw.com/>

________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Eric Nelsen <eric at sayrelawoffices.com>
Sent: Thursday, May 14, 2026 10:22:31 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] RCW 11.28.110 change re verify "by oath"? - RE: 2026 Legislative Update and RPPT Midyear Conference

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 <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

  1.  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

  1.  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

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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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