When you need form DE-135
During the probate process in California, the DE-135 Proof of Holographic Instrument form is necessary when you are trying to validate a holographic will, which is a will written entirely in the decedent's handwriting. This form is typically needed when you are involved in proving that the handwritten document is indeed the valid last will and testament of the deceased person, without it being formally witnessed.
- Submission of a petition for probate is usually done before this step, which initiates the entire probate process.
- You may need to demonstrate that other forms like the DE-111 (Petition for Probate) have been appropriately filed to begin the process.
- The need for this form is triggered when the estate contains a will not meeting formal legal requirements, such as lacking witnesses, but is intended to be treated as a valid holographic will.
- It is often required when there is a need to provide evidence of the decedent’s handwriting to the court.
After gathering this evidence and submitting the DE-135, the court will assess whether the submitted document can be accepted as the decedent’s enforceable will. The form acts as a crucial evidentiary component to establish the validity of the will during probate proceedings.
1. **Establish Relationship and Knowledge**: Ensure that you have personal knowledge of the decedent’s handwriting by familiar interactions such as receiving mail or witnessing them write.
2. **Complete the Form**: Fill out each section of the DE-135 form, verifying your relationship to the decedent and how you acquired knowledge of their handwriting.
3. **Attach the Instrument**: Affix a copy of the holographic will or codicil to the form as Attachment 4, certifying it is a true copy of the original document.
4. **File with Probate Court**: Submit the completed form and attachments to the Superior Court of California in the county where the decedent's estate is being probated.
5. **Consult Local Rules**: Check local court rules for any specific requirements or certifications needed for submitting copies of holographic wills.