Use our online tool to open, complete, and print the DE-131 Proof of Subscribing Witness form directly in your browser. No software installation is required. Follow the steps below to fill out the form correctly and submit it to the California Superior Court.
What Is the DE-131 Proof of Subscribing Witness Form?
The DE-131 form is a Judicial Council of California document used in probate proceedings. A subscribing witness is a person who was present when the testator signed a will or codicil. When that witness cannot appear in court, the DE-131 allows them to submit a sworn written declaration to authenticate the document. The form is authorized under California Probate Code, Section 8220.
Who Must Complete the DE-131 Form?
Any subscribing witness to a California will or codicil who cannot appear in person at the probate hearing must complete this form. The form may also require an attorney certification section, to be signed by a member of the State Bar of California who confirms the attached copy of the will or codicil is an accurate photographic reproduction of the original.
How to Fill Out the DE-131 Proof of Subscribing Witness Step by Step
- Case caption: Enter the decedent's name, the court name, county, branch, case number, and hearing date at the top of the form.
- Witness identification: Print your full legal name in the space provided for the subscribing witness declaration.
- Witnessing statement: Confirm that you were present when the decedent signed the will or codicil. State that the decedent appeared to be of sound mind and was not acting under duress, menace, fraud, or undue influence.
- Signature before notary: Sign the declaration before a licensed California notary public or before the presiding judge. The notary completes the acknowledgment block with their seal and commission expiration date.
- Attorney certification (if applicable): If an attorney is certifying a photographic copy of the will, the attorney signs Part 2 of the form under penalty of perjury and provides their State Bar number.
- File with the court: Submit the completed DE-131, along with a certified copy or photographic copy of the will or codicil, to the California Superior Court handling the probate case.
Frequently Asked Questions About the California DE-131
When is the DE-131 form required?
It is required when one or more subscribing witnesses to a will or codicil cannot be physically present at the probate hearing. The court accepts the sworn written declaration in place of in-person testimony.
Can the form be signed outside California?
Yes. If the subscribing witness is located outside California, the declaration may be signed before a notary public licensed in the state or country where the witness is located, provided the notary's acknowledgment meets California standards.
What is the difference between a subscribing witness and an attesting witness?
In California probate law, these terms refer to the same role. A subscribing witness signed the will or codicil as a witness at the time the testator executed the document.
Does the DE-131 need to be filed with other probate forms?
Yes. It is typically filed alongside the petition for probate or at the time the will is offered for admission. Related forms include the DE-140 Notice of Petition to Administer Estate, the DE-111 Petition for Probate, and the DE-147 Duties and Liabilities of Personal Representative.
What happens if no subscribing witnesses can be found?
California Probate Code Section 8220 provides alternative procedures when subscribing witnesses cannot be located or are deceased. The court may admit the will on other evidence of the testator's signature and intent.
Tips for Completing the DE-131 Correctly
- Use black or dark blue ink if completing a paper copy. Signatures must be original, not photocopied.
- Confirm the case number matches the number assigned by the court when the probate petition was filed.
- Do not leave the notary acknowledgment block blank. An incomplete acknowledgment will cause the court to reject the declaration.
- Attach a legible photographic copy of the will or codicil referenced in the form.
- Keep a copy of the completed DE-131 for your records after filing.
Related California Probate Forms
California probate proceedings often require multiple Judicial Council forms. You may also need the DE-305 Affidavit of Surviving Spouse or the DE-1430 Waiver of Bond depending on your case.