[WSBAPT] Declaration of Completion

[Eric Nelsen]

It's an interesting question, I'm glad it was raised!
Our office's practice has always been a declaration under penalty of perjury and I've never questioned it. But as Mark points out, the word "declaration" as used in the statute doesn't state "under penalty of perjury" and doesn't state anything about affidavit under oath. It's an anomalous use of the term "declaration." Rules of statutory construction would arguably indicate that the court shouldn't add "under penalty of perjury" to the statute when the legislature clearly specifies that in other statutes and knows how to do that, but didn't here.
I may re-think my blanket use of under penalty of perjury for Declarations of Completion.
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 Mark Anderson
Sent: Wednesday, September 23, 2026 11:55 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Declaration of Completion

Thanks to all who have responded.  It sounds like this falls in the categories of "better safe than sorry" and "belt and suspenders approach."  In other words, include the penalty of perjury language or have the document notarized to include language to the effect of "Signed and sworn to (or affirmed) before me this date ...."  c
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 209, PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
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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 Heather de Vrieze
Sent: Wednesday, September 23, 2026 11:09 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Declaration of Completion

I don't know whether it is required, but I have always either notarized these or included the under penalty of perjury language.
Heather
Heather S. de Vrieze
(she/her)
Attorney-at-Law
[cid:image001.jpg at 01DD4B55.9CF331F0]
3909 California Avenue SW
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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 Mark Anderson
Sent: Wednesday, September 23, 2026 10:34 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Declaration of Completion

Dear All:
Please remind me, is a Declaration of Completion under RCW 11.68.110 required to be signed under penalty of perjury?  RCW 11.68.110 does not address this.
Thanks.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 209, PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

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