[WSBARP] Probate Gurus - Electronic Wills Witnessing Question

[Maxwell Glasson]

Hi Probate Gurus -

RCW 11.12.450 allows for wills to be signed and witnessed electronically.  If less than 2 of the witnesses are not in the same location as the Testator, to be self-proving, RCW 11.12.450(2)(a) says that it needs to be signed before an "Electronic records notary public" (defined in RCW 42.45.280).

That said, RCW 11.12.450(b) goes on to provide for an unsworn declaration per RCW 5.50.  This begs the question, is an "Electronic records notary public", given it has its own definition and statute, a "specified official other than a notary public" which would exclude the use of an unsworn declaration per RCW 5.50.030?

Thanks in advance,

Maxwell B. Glasson
Glasson Legal, PLLC
8 Boston Street, Suite 2
Seattle, Washington, 98109
(206) 627-0528
max at glassonlegal.com<mailto:max at glassonlegal.com>
www.glassonlegal.com<http://www.glassonlegal.com/>
WA# 51948  NV# 13339  CA# 292356
THE INFORMATION CONTAINED IN THIS TRANSMISSION IS CONFIDENTIAL AND MAY BE ATTORNEY-CLIENT PRIVILEGED. THE INFORMATION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL TO WHOM OR THE ENTITY TO WHICH IT IS ADDRESSED. IF YOU ARE NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY USE, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS IN ERROR, PLEASE IMMEDIATELY NOTIFY US AND DELETE THE ORIGINAL MESSAGE.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20220728/833225b0/attachment.html>