[WSBAPT] Notarized Will required to admit to probate vs valid > Will

Fri Oct 2 11:37:41 PDT 2026

In my over 20 years practicing as a solo in a small county, I almost always used Declaration of Witnesses out of convenience. The only real exceptions were if I reasonably anticipated a possible Will contest (generally, the more witnesses the better) or client had some connection to another state (eg. Kids) where it seemed quite possible, but there were no current plans, client might move. Twice that I remember I had to execute an Affidavit of Witness where former client died years later in a state that didn’t recognize Declarations.  Interesting to see how others roll!

Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon); Phone: 360-472-1223 

Mail: POB 367, Shaw Island, WA 98286

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Friday, October 2, 2026 10:38 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Notarized Will required to admit to probate vs valid > Will

No reason other than logistics.

I don’t do EP much any more, except on rare occasions. Karin Treadwell in our office handles virtually all of it, and she does do the notarized version of the self-proving affidavit. Most signings occur in our office, where everybody except our receptionist is a notary and we generally have three people available for the process.

When I do EP, it’s often a last-minute thing and the signing has to happen out of office. If I have to act as a witness, and logistically it’s easier for the client to get only one other witness instead of two, then I’ll switch to declaration under penalty of perjury.

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 Mark McClure
Sent: Friday, October 2, 2026 10:00 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Notarized Will required to admit to probate vs valid > Will

Why don’t you notarize?  What is the downside?

Mark C. McClure | Managing Attorney 
Law Office of Mark McClure, PS 
"Why Retire With Debt?"
1103 West Meeker Street, #101
Kent, WA 98032

Office:  253.631.6484 (Leave Msg - Will be returned within 24 hours)
Email:  <mailto:Mark at McClureLawGroup.com> Mark at McClureLawGroup.com
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Notice of Unavailability:  TBD

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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 Eric Nelsen
Sent: Friday, October 2, 2026 9:39 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Notarized Will required to admit to probate vs valid > Will

No crushing required! Looks good to me. So now we’ll both be crushed if someone finds a flaw.

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 Eva Luchini
Sent: Friday, October 2, 2026 9:21 AM
To: wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> 
Subject: [WSBAPT] Notarized Will required to admit to probate vs valid > Will

I do not notarize my Wills.  I do a declaration of witnesses of which I am one and my assistant is the other and it should be  SELF PROVING PURSUANT TO RCW 5.50.030, 11.20.020

Here’s what it looks like, below.

Feel free to crush my soul and tell me I’ve been doing it wrong.

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, [CLIENT] declared this document to be their Will and signed it as the Testator. 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 [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.

Witness Signature

Witness Signature

Witness Printed Name

Witness Printed Name

Camas, WA 98607

Camas, WA 98607

Witness Address

Witness Address

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