Are The Witness To A Will Needed In Probate Court To Validate The Testor’S Signature?

The witnesses do not physically need to be present to admit the will to probate. A nortarized affidavit is usually included with the will when admitting the will to probate.

Notarization is required to make a valid affidavit. It may be possible to use an unsworn declaration (authorized by RCW 9A.72.085) as a substitute for an affidavit. But the court needs some sort of sworn testimony from the witnesses to prove the will—either in person oral testimony or written testimony (by affidavit or unsworn declaration).

Douglas N. Kiger, Attorney at Law

Blado Kiger Bolan, Tacoma, Wash.

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