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

[Diane Kiepe]

I would just add that, under the statute, it can be proven by one of the
two witnesses.  I have likewise succeeded when both witnesses were either
dead or could not be located, using oral testimony.  Same caveat, this was
all prior to the recent changes of June 11 and while I don't think this
should effect the outcome of allowing oral testimony, like everything else,
it's a roll of the dice.

Diane Kiepe, J.D., LL.M. Taxation
Kiepe Estate and Probate, PLLC
diane at kiepelaw.com
200 N. Mullan Rd., Suite 203
Spokane Valley, WA  99206
509-808-2087
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On Wed, Sep 30, 2026 at 10:44 AM Brent Williams-Ruth <
brent at williams-ruthlaw.com> wrote:

> It is not that the Will needs to be notarized, but that the "testimony" of
> the subscribing witnesses needs to be notarized.
>
> What can be done is simply send a document to each witness that has the
> same language that your page has when you do signings in your own office
> and the Court will admit.  IF THEY ARE DEAD or undiscoverable, you can
> plead your case to the Court and ask that they find the signatures
> sufficient to establish that it was actually them.  I had success doing
> this BEFORE the big law change on June 11th - I have no idea how they
> Courts would treat a dead/missing witness situation now.
>
> Brent
>
> *Brent Williams-Ruth* (pronouns: he/him)
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> On Wed, Sep 30, 2026 at 10:40 AM Timothy Lehr <timothy at stileslaw.com>
> wrote:
>
>> 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
>>
>>
>>
>>
>>
>> p: 360.855.0131 <(360)%20855-0131>
>>
>> e: timothy at stileslaw.com
>>
>> w: www.stileslaw.com
>>
>>
>>
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