INSTRUCTIONS: CALIFORNIA PROOF OF SUBSCRIBING WITNESS (Form DE-131)
The form discussed in this article is filed in California probate cases by a witness who signed the will or codicil of a decedent. This document can be obtained from the website maintained by the California Judicial Branch.
California Proof Of Subscribing Witness DE-131 Step 1: In the first blank box, enter the name of your attorney, as well as their state bar number, address and telephone number. If not represented by an attorney, enter your name, address and telephone number. In either case, providing a fax number or email address is optional.
California Proof Of Subscribing Witness DE-131 Step 2: In the second blank box, enter the name of the county in which the court is located, as well as its street address, mailing address, city, zip code and branch name.
California Proof Of Subscribing Witness DE-131 Step 3: In the third blank box, enter the name of the decedent.
California Proof Of Subscribing Witness DE-131 Step 4: In the fourth blank box, enter the case number.
California Proof Of Subscribing Witness DE-131 Step 5: Check the box on line 1a(1) if the name of the decedent was signed on the document concerned was signed in your presence by the decedent personally.
California Proof Of Subscribing Witness DE-131 Step 6: Check the box on line 1a(2) if the name of the decedent was signed on the document concerned by another person in the decedent's presence and by the decedent's direction.
California Proof Of Subscribing Witness DE-131 Step 7: Check the box on line 1b(1) if in your presence the decedent acknowledged the presence of the attesting witnesses at the same time that they signed their name personally.
California Proof Of Subscribing Witness DE-131 Step 8: Check the box on line 1b(2) if your presence the decedent acknowledged the presence of the attesting witnesses at the same time that another person signed their name in their presence and by their direction.
California Proof Of Subscribing Witness DE-131 Step 9: Check the box on line 1c(1) if the document signed was a will.
California Proof Of Subscribing Witness DE-131 Step 10: Check the box on line 1c(2) if the document signed was a codicil.
California Proof Of Subscribing Witness DE-131 Step 11: Complete the rest of the form as instructed.