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

steve at aitalaw.com steve at aitalaw.com
Wed Sep 30 11:02:38 PDT 2026


My first boss told me that when he first starting practicing law back in the
late '50s, before self-proving Wills, you would have to bring the witnesses
in to the courthouse and have them sworn in to provide live testimony that
they did in fact witness the signing of the Will. Of course, he might've
been telling some tall tales of the "back in my day" nature.

 

---------

This e-mail is covered by the U.S. Electronic Communications Privacy Act, 18
U.S.C. 2510-2521. This e-mail was sent by an attorney or his agent, is
intended only for the addressee's use, and may contain confidential
information and/or information protected by the attorney-client privilege.
If you are not the intended recipient, nor the employee or agent responsible
for delivering it to the intended recipient, you are hereby notified that
any dissemination or copying of this transmission (including any
attachments) is strictly prohibited. If you have received this e-mail in
error, please delete it and immediately notify the sender by reply e-mail.
Thank you.

 

P. Stephen Aita

Attorney at Law

Admitted in Washington & Idaho

 

3010 Harborview Dr., Suite 301

Gig Harbor, WA  98335-1977

Tel.: (253) 858-5434

Fax: (253) 276-2373

 

steve at aitalaw.com

www.aitalaw.com

www.facebook.com/aitalaw

 

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

 



 

p: 360.855.0131

e: timothy at stileslaw.com <mailto:timothy at stileslaw.com> 

w: www.stileslaw.com <http://www.stileslaw.com/> 

 

Please Note: Our office closes at 12pm on Fridays. If I receive your email
after that time, I will respond as soon as possible the following Monday. 

 

NOTICE: The information contained in this email is proprietary and/or
confidential and may be privileged. If you are not the intended recipient of
this communication, you are hereby notified to : (i) delete the email and
all copies; (ii) not disclose, distribute or use the email in any manner;
(iii) notify the sender immediately. Thank you. 

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20260930/06641c3e/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 861000 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20260930/06641c3e/image001-0001.jpg>


More information about the WSBAPT mailing list