A WILL IS NOT VALID FOR PROBATE WITHOUT A SELF-PROVING AFFIDAVIT PURSUANT TO RCW § 11.20.020(2); AN UNWITNESSED WILL IS AN EXPRESSION OF THE TESTATOR’S WISH THAT THE TERMS OF TRUST BE HONORED IN THE EVENT OF AN INTESTATE PROBATE
Probate should be avoided if possible. If it cannot be avoided, a Will that can be submitted to Probate without communicating with beneficiaries first has a higher risk of disputes than a Probate without a Will that requires all beneficiaries to agree about the Executor, bond requirement, and non-intervention powers, and sign affidavits in advance of Probate. This is the best source of online information about probate in Washington.
NOTARIZATION OF ELECTRONICALLY WITNESSED WILLS BEGINS JANUARY 1, 2022.
SELF-PROVING AFFIDAVIT PURSUANT TO RCW § 11.12.1002 – 1011
You Choose Your Administrator & Beneficiaries
The Washington Legislature has already essentially written a Will for everyone called the Intestacy Statute. Intestate means dying without a Will & Testament. A person who makes a Will is called the Testator. Most people just use the default provisions provided.
Historically, a Will was used to give real property and a Testament was used to give personal property, but the term Will has come to include all property.
You have the right to override the automatic provisions, and substitute your own wishes by signing a Will.
There are several reasons for doing so.
- You choose your Personal Representative (Executor).
- You choose your beneficiaries.
- You waive the bond requirement (the PR having to pay money to carry out the duties).
- A PR may renounce the duties if required to pay.
- You grant non-intervention powers, so the PR doesn’t have to ask the Court for permission to act. A PR may renounce the duties if required to go through the potentially costly and time-consuming process of filing Motions and setting them for hearings.
- You list items of sentimental value such as jewelry, art, antiques, collectibles, photographs, and scrapbooks that may mean a lot to particular surviving loved ones.
I am lawyer Christopher S. Mulvaney of Mulvaney Law Offices, PLLC, in Bellevue, Washington, and I am committed to providing clients with personalized and comprehensive estate planning guidance.
Christopher S. Mulvaney’s Mission:
To Always Be a Human Being First, and My Role Second.
To First, Do No Harm, then to provide the best legal outcome,
smoothest process, best value, and to make a positive difference in the life of every client.
Christopher S. Mulvaney’s Mantra:
May I be filled with loving kindness for all life.
May I be safe from dangers within and without.
May I be healthy in body, mind, socially, and spiritually.
May I be at ease and happy, doing good in the world.
For more information about my practice in Bellevue, Washington, please consult my Blog.
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