Washington § 11.20.040 - Proof where one or more witnesses are unable or incompetent to testify, or absent from state.

Full text of Washington Revised Code of Washington § 11.20.040 — Proof where one or more witnesses are unable or incompetent to testify, or absent from state., with citation guidance and answers to common questions.

§ 11.20.040. Proof where one or more witnesses are unable or incompetent to testify, or absent from state.

The subsequent incompetency from whatever cause of one or more of the subscribing witnesses, or their inability to testify in open court or pursuant to commission, or their absence from the state, shall not prevent the probate of the will. In such cases the court shall admit the will to probate upon satisfactory testimony that the handwriting of the testator and of an incompetent or absent subscribing witness is genuine or the court may consider such other facts and circumstances, if any, as would tend to prove such will.
[ 1967 c 168 s 5; 1965 c 145 s 11.20.040. Prior: 1945 c 39 s 1; 1943 c 219 s 1; 1917 c 156 s 12; Rem. Supp. 1945 s 1382; prior: Code 1881 s 1353; 1863 p 213 ss 89, 90; 1860 p 175 ss 56, 57.]

Source: official Washington text · Last verified 2026-08-27

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Frequently Asked Questions About Washington § 11.20.040

What does Revised Code of Washington § 11.20.040 cover?

Section 11.20.040 ("Proof where one or more witnesses are unable or incompetent to testify, or absent from state.") is part of the Revised Code of Washington, the codified statutory law of Washington. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Washington § 11.20.040?

A common citation format is "Revised Code of Washington § 11.20.040" (Washington). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Washington law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Washington official source linked on this page or consult a licensed Washington attorney.

How does Washington § 11.20.040 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Washington can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Washington.