What Is Form DE-131?
Form DE-131, Proof of Subscribing Witness, is a declaration used to prove a will that was signed in front of witnesses, when that will is not 'self-proving.'
When & Where DE-131 Fits
You file DE-131 with the petition, if the will lacks a self-proving attestation clause. Many California wills are self-proving (notarized attestation), in which case this form isn't needed. This form is often handled by self-represented filers, though an attorney can review it. It sits in the opening the estate stage of a California probate. For the full sequence of forms and steps, see the California probate guide and the documents checklist.
How to Get Form DE-131 (Free)
Get it free from the California Courts
DE-131 is an official Judicial Council form. Download the current version directly from the California Courts self-help form finder — you should never pay a third-party site for a form the court provides for free.
Official DE-131 on CA Courts →Fill it using Adobe Reader (some browsers won't save your entries), and always use the current mandatory revision, since clerks reject outdated versions. Many California counties require you to e-file through an approved provider — check your county's court page for local rules.
Tips & Common Mistakes
- Check whether your will is self-proving first — if so, you can skip this form.
- For a handwritten (holographic) will, use DE-135 instead.
Form DE-131 FAQ
Not sure you're filing DE-131 correctly?
A rejected filing can cost weeks, and personal-representative mistakes carry personal liability. A California probate attorney can prepare the packet correctly — and the fee usually comes from the estate, not your pocket.