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

[Eric Nelsen]

Notarization is of the witnesses' signatures, rather than the testator. If the will has an attestation signed by the two witnesses but they didn't sign an actual notarized affidavit formalizing their testimony, then you might need to track down one or both witnesses and have them sign an affidavit.

See RCW 11.20.020<https://apps.leg.wa.gov/rcw/default.aspx?cite=11.20&full=true#11.20.020> et seq.

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 Timothy Lehr
Sent: Wednesday, September 30, 2026 10:38 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Notarized Will required to admit to probate vs valid Will

All,

I have what is likely a dumb question, but have not came across this before. PC filed a Petition to admit decedent's Will and open probate, pro se. The Will was signed by two witnesses but not notarized. The court denied the petition and stated that the Will needs to be notarized and cannot be admitted.

My office always notarizes our Wills but I did not think that was required to admit a Will to probate. My research found that a Will does not need to be notarized to be a valid Will under RCW 11.12.020, but a notarized Will creates a self-proving Will. Does a Will need to be notarized to admit to probate or if not notarized, are there additional requirements to admit the un-notarized Will to probate?

Timothy C. Lehr
Attorney & Partner

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