[WSBARP] Personal Representative Oath Affidavit vs Declaration

[Jeremy Hyndman]

I often do a declaration but had a probate order bounced back in King County recently because it was not notarized.


Very truly yours,

Jeremy Scott Hyndman, Esq.
Managing Attorney

[Basalt Legal Logo]

6 1/2 N. 2nd Avenue, Suite 200
Walla Walla, WA 99362

T: 509.529.0630
F: 509.525.0630

www.basalt.legal<http://www.basalt.legal/>

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Margaret Delp
Sent: Tuesday, May 17, 2022 10:39 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Personal Representative Oath Affidavit vs Declaration

Hello All: Is it permissible to use a an unsworn declaration rather than a sworn affidavit for a Personal Representative’s Oath. I always use a sworn affidavit, as required by RCW 11.28.070 (Personal Representative “must take and subscribe an oath, before some person authorized to administer oaths”). However, does RCW 5.50.030 permit the use of an unsworn declaration, or does the Personal Representative’s Oath fall under one of the exceptions in that section such as an oath of office? I am asking because it would simplify the steps for an older out-of-state personal representative.
Thanks,
Margaret

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Law Office of Margaret Delp
Mailing Address: PO Box 292, Langley, WA 98260
Physical location: 2815 Howard Rd., Langley, WA, Second Floor
Phone: 360-579-4530
Fax: 360-512-3114
www.delp-law.com<http://www.delp-law.com>


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