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

Wed Sep 30 10:59:08 PDT 2026

What about RCW 5.50.030?  This statute authorizes the use of unsworn declarations so long as the declaration includes the language set out in 5.50.050.  I don’t see affidavits in support of wills on the list of exceptions.

I have many clients whose wills are witnessed and have an unsworn witness declaration attached containing the magic words “I declare under penalty of perjury under the law of Washington that the foregoing is true and correct.”  Has anyone had a problem under the new statute with admitting wills with this type of unsworn declaration?

Sara

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane Kiepe
Sent: Wednesday, September 30, 2026 10:52 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Notarized Will required to admit to probate vs valid Will

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
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Spokane Valley, WA  99206
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On Wed, Sep 30, 2026 at 10:44 AM Brent Williams-Ruth <brent at williams-ruthlaw.com<mailto: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

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On Wed, Sep 30, 2026 at 10:40 AM Timothy Lehr <timothy at stileslaw.com<mailto: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

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