California Probate Form – DE-131 Proof of Subscribing Witness is the form to use when a will is not “self proving.” How do you know if a will is self-proving? You look at the witness section which is typically at the end of a will. If it has language like this it is self-proving and thus you do not need to use DE-131:
“We declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on April 23, 2012, at Roseville, California.”
The key words are “declare under penalty of perjury” and those are really the words to look for in a will.
If you need help determining if a will you are about to probate is self-proving let me know. If you have a will and it’s not self-proving get a new one ASAP!
-John
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