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

Thu May 14 16:23:25 PDT 2026

And now I am wondering - did I miss an email?

I love our listserv but I feel like I don't get all the messages and I am
truly sorry if there was another question about this presentation - as you
can all tell - I love to self-promote about legislative things!!

I will publicly advise what has been asked by several of you in direct
messages - can share my presentation now?  I don't know the answer to that
question.  Technically this is a presentation that I am giving on behalf of
the WSBA and the Section in hopes that people will be attending the
Midyear.  But with this law taking effect on June 11th - I want to be able
to help out as much as possible without crossing any lines.  The reality is
that I have signed paperwork (that I didn't really read.....) agreeing to
the terms and conditions of being a presenter and there may be limitations
as to what I can share/when it can be shared.

@Joshua - please write to me directly with your message and I will do my
best to respond.

thank you!!
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 12:41 PM Eric Nelsen <eric at sayrelawoffices.com>
wrote:

> Hi Josh,
>
>
>
> I got nothin’ to back me up; I have just assumed that the oath necessary
> to qualify after appointment as PR is an “oath of office.” Maybe it’s not;
> I just have never jumped down that particular rabbit hole of research.
>
>
>
> Re your post and questions – I read it and immediately thought, “I’m going
> to let Brent answer that.” :-)
>
>
>
> 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 *Joshua McKarcher
> *Sent:* Thursday, May 14, 2026 12:33 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
>
>
>
> 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
>
> [image: 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
>
>
>
> *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:
>
>
>
> 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
>
> F.K.A. KHBB Law PLLC
>
> Tel (206) 382-4414 / Fax (206) 382-4412 liberty at bc-estatelaw.com
>
> 1000 Second Avenue / Suite 3670 / Seattle, WA 98104 / 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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> WSBAPT at lists.wsbarppt.com
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>
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