In the complex and multifaceted world of legal documentation, the California DE 131 form plays a crucial role in the probate process, facilitating the smooth handling of estates after someone's passing. This form, known formally as the Proof of Subscribing Witness, is a pivotal document required by the Superior Court of California during probate proceedings. It serves to affirm the authenticity of a will or codicil (an amendment to a will) by an attesting witness. Specifically, the DE 131 form captures the confirmation from one of the attesting witnesses that the decedent had signed the will or codicil in the presence of said witnesses or under their direction and acknowledged this instrument as their own. Moreover, the witness asserts that they have no knowledge of any circumstances that would suggest the document was signed under duress, menace, fraud, or undue influence, underscoring the integrity of the process. Additionally, the form includes provisions for an attorney's certification that a photographic copy of these pages is accurate, further strengthening its legal robustness. Adopted by the Judicial Council of California and embedded within the framework established by the Probate Code, § 8220, the DE 131 form is a cornerstone document that ensures due diligence is observed in validating a deceased individual's final wishes regarding their estate.
| Question | Answer |
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| Form Name | California Form De 131 |
| Form Length | 1 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 15 sec |
| Other names | DE-131, foregoing, procured, SUBSCRIBING |
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address) : |
TELEPHONE AND FAX NOS.: |
FOR COURT USE ONLY |
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
ESTATE OF (Name):
DECEDENT
CASE NUMBER:
PROOF OF SUBSCRIBING WITNESS
1.I am one of the attesting witnesses to the instrument of which Attachment 1 is a photographic copy. I have examined Attachment 1 and my signature is on it.
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The name of the decedent was signed in the presence of the attesting witnesses present at the same time by |
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(1) |
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the decedent personally. |
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another person in the decedent's presence and by the decedent's direction. |
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The decedent acknowledged in the presence of the attesting witnesses present at the same time that the decedent's name |
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b. |
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was signed by |
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the decedent personally. |
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another person in the decedent's presence and by the decedent's direction. |
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c. |
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The decedent acknowledged in the presence of the attesting witnesses present at the same time that the instrument |
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signed was decedent's |
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(1) |
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will. |
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(2) |
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codicil. |
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2. When I signed the instrument, I understood that it was decedent's
will
codicil.
3.I have no knowledge of any facts indicating that the instrument, or any part of it, was procured by duress, menace, fraud, or undue influence.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
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(TYPE OR PRINT NAME) |
(SIGNATURE OF WITNESS) |
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(ADDRESS)
ATTORNEY'S CERTIFICATION
(Check local court rules for requirements for certifying copies of wills and codicils)
I am an active member of The State Bar of California. I declare under penalty of perjury under the laws of the State of California that
Attachment 1 is a photographic copy of every page of the |
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will |
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codicil presented for probate. |
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(SIGNATURE OF ATTORNEY) |
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(TYPE OR PRINT NAME) |
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Form Approved by the |
PROOF OF SUBSCRIBING WITNESS |
Probate Code, § 8220 |
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Judicial Council of California |
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(PROBATE) |
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