[WSBARP] Personal Representative Oath Affidavit vs Declaration

[Eric Nelsen]

Can’t do that for oaths.

RCW 5.50.030<http://app.leg.wa.gov/RCW/default.aspx?cite=5.50.030>
Validity of unsworn declaration—Exceptions.
(1) Except as otherwise provided in subsection (2) of this section, if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this chapter has the same effect as a sworn declaration.
(2) This chapter does not apply to:
(a) A deposition;
(b) An oath of office;
(c) An oath required to be given before a specified official other than a notary public; or
(d) A declaration to be recorded pursuant to Title 64<http://app.leg.wa.gov/RCW/default.aspx?cite=64> or 65<http://app.leg.wa.gov/RCW/default.aspx?cite=65> RCW.
[ 2020 c 57 § 23<http://lawfilesext.leg.wa.gov/biennium/2019-20/Pdf/Bills/Session%20Laws/Senate/6028-S.SL.pdf?cite=2020%20c%2057%20%C2%A7%2023>; 2011 c 22 § 4<http://lawfilesext.leg.wa.gov/biennium/2011-12/Pdf/Bills/Session%20Laws/House/1345.SL.pdf?cite=2011%20c%2022%20%C2%A7%204>.]


Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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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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