RCW 11.12.450
Electronic wills—Self-proving.
(1) An electronic will may be simultaneously executed, attested, and made self-proving if:
(a) The affidavits of the attesting witnesses are affixed to or logically associated with the electronic will; and
(b) The qualified custodian maintains custody of the electronic will at all times following execution by the testator and witnesses.
(2) The affidavits under subsection (1)(a) of this section must state such facts as the attesting witnesses would be required to testify to in court to prove such electronic will, and must be:
(a) Made before an officer authorized to administer oaths or, if fewer than two attesting witnesses are physically present in the same location as the testator at the time of signing under RCW 11.12.440(1)(b), before an officer authorized under RCW 42.45.280; and
(b) Evidenced by the officer's certificate under official seal affixed to or logically associated with the electronic will.
(3)(a) If made before an officer authorized to administer oaths, the acknowledgment and affidavits under subsection (1) of this section must be in substantially the following form:
I, ..... (name), the testator, and, being sworn, declare to the undersigned officer that I sign this instrument as my electronic will, I willingly sign it or willingly direct another individual to sign it for me, I execute it as my voluntary act for the purposes expressed in this instrument, and I am 18 years of age or older, of sound mind, and under no constraint or undue influence.
..... (signature)
Testator
We, ..... (name) and ..... (name), witnesses, being sworn, declare to the undersigned officer that the testator signed this instrument as the testator's electronic will, that the testator willingly signed it or willingly directed another individual to sign for the testator, and that each of us, in the physical or electronic presence of the testator, signs this instrument as witness to the testator's signing, and to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.
..... (signature)
Witness
..... (signature)
Witness
Certificate of officer:
State of .....
County of .....
Subscribed, sworn to, and acknowledged before me by ..... (name), the testator, and subscribed and sworn to before me by ..... (name) and ..... (name), witnesses, this ..... day of ....., .....
(Seal) .....
(Signed)
.....
(Capacity of officer)
(b) If made pursuant to chapter 5.50 RCW, the acknowledgment and affidavits under subsection (1) of this section must be in substantially the following form:
I, ..... (name), the testator, declare under penalty of perjury under the law of Washington that the following is true and correct: That I sign this instrument as my electronic will, I willingly sign it or willingly direct another individual to sign it for me, I execute it as my voluntary act for the purposes expressed in this instrument, and I am 18 years of age or older, of sound mind, and under no constraint or undue influence.
..... (signature)
Testator
We, ..... (name) and ..... (name), witnesses, declare under penalty of perjury under the law of Washington that the following is true and correct: That the testator signed this instrument as the testator's electronic will, that the testator willingly signed it or willingly directed another individual to sign for the testator, and that each of us, in the physical or electronic presence of the testator, signs this instrument as witness to the testator's signing, and to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.
..... (signature)
Witness
..... (signature)
Witness
(4) A signature physically or electronically affixed to an affidavit that is affixed to or logically associated with an electronic will under RCW 11.12.400 through 11.12.491 is deemed a signature of the electronic will under RCW 11.12.440(1).
[ 2021 c 140 § 1006.]
NOTES:
Effective date—2021 c 140 §§ 1001-1016: See note following RCW 11.12.400.
Structure Revised Code of Washington
Title 11 - Probate and Trust Law
11.12.010 - Who may make a will.
11.12.020 - Requisites of wills—Foreign wills—Electronic presence.
11.12.025 - Nuncupative wills.
11.12.030 - Signature of testator at his or her direction—Signature by mark.
11.12.040 - Revocation of will—How effected—Effect on codicils.
11.12.051 - Dissolution, invalidation, or termination of marriage or domestic partnership.
11.12.060 - Agreement to convey does not revoke.
11.12.070 - Devise or bequeathal of property subject to encumbrance.
11.12.080 - Revocation of later will or codicil—Effect—Evidence.
11.12.095 - Omitted spouse or omitted domestic partner.
11.12.110 - Death of grandparent's issue before grantor.
11.12.120 - Lapsed gift—Procedure and proof.
11.12.160 - Interested witness—Effect on will.
11.12.170 - Devise of land, what passes.
11.12.180 - Rule in Shelley's Case abolished—Future distribution or interest to heirs.
11.12.185 - Doctrine of Worthier Title abolished—Exception.
11.12.190 - Will to operate on after-acquired property.
11.12.220 - No interest on devise unless will so provides.
11.12.230 - Intent of testator controlling.
11.12.255 - Incorporation by reference.
11.12.260 - Separate writing may direct disposition of tangible personal property—Requirements.
11.12.265 - Filing of original will with court before death of testator.
11.12.400 - Electronic wills—Short title.
11.12.410 - Electronic wills—Definition.
11.12.420 - Electronic wills—Applicable law.
11.12.430 - Electronic wills—Execution—Choice of law.
11.12.440 - Electronic wills—Execution—Procedure.
11.12.450 - Electronic wills—Self-proving.
11.12.460 - Electronic wills—Qualified custodians—Eligibility.
11.12.470 - Electronic wills—Qualified custodians—Duties.
11.12.480 - Electronic wills—Certified paper copies.
11.12.490 - Electronic wills—Uniformity of application and construction.