The DE-131 form serves a critical role in the probate process within the California legal system, particularly in the validation and acceptance of a decedent's will or codicil. Its primary function is to authenticate the signature of the decedent, a process that involves one of the attesting witnesses to the signing of the document providing a sworn statement. This witness confirms not only their presence during the signing but also that the decedent acknowledged signing the document willingly, in front of witnesses, and without any coercion. Furthermore, the form provides a space for this witness to declare that, to their knowledge, the instrument was not the product of duress, menace, fraud, or undue influence. An additional aspect of the DE-131 form includes an attorney's certification, where an active member of the State Bar of California attests under penalty of perjury that the attachment is an accurate photographic copy of the will or codicil presented for probate. This rigorous process, detailed in the Probate Code, § 8220, ensures that the document's integrity is maintained through the probate proceedings, thereby safeguarding the decedent's final wishes as expressed in their will or codicil.
| Question | Answer |
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| Form Name | De 131 Form |
| Form Length | 1 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 15 sec |
| Other names | california subscribing witness, ca subscribing witness, proof subscribing witness, de 131 pdf |
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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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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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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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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