[WSBARP] Personal Representative Oath Affidavit vs Declaration

[Josh Grant]

This is interesting.  I have been filing PR oath’s in an unsworn declaration form for the last couple of years, particularly because of Covid.  Our court has never rejected it. I thought we had a list serve discussion a few months ago with an explanation of why it was O.K.
Josh

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Eric Nelsen 
Sent: Tuesday, May 17, 2022 11:18 AM
To: WSBA Real Property Listserv 
Subject: Re: [WSBARP] Personal Representative Oath Affidavit vs Declaration

Can’t do that for oaths.

 

RCW 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 or 65 RCW.

[ 2020 c 57 § 23; 2011 c 22 § 4.]

 

 

Sincerely,

 

Eric

 

Eric C. Nelsen

Sayre Law Offices, PLLC

1417 31st Ave South

Seattle WA 98144-3909

206-625-0092

eric at sayrelawoffices.com

 

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

 

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

 

--

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

 

 



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