Table of Contents

DE-135: Proof of Holographic Instrument (California)

The DE-135 Proof of Holographic Instrument form is used when you need to provide evidence to the California probate court that a handwritten will, created by a deceased person (decedent), is authentic and valid.
Official {court-form-name} PDF Download

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Tips for filling out form DE-135

When completing form DE-135, pay special attention to these less obvious sections:

Attorney's Certification

Certifying Copy

If you are an attorney certifying the document, remember to confirm that the attached holographic instrument is a photographic copy of every page and complies with the probate requirements. Double-check any local rules that may apply.
Item 1

Acquaintance Duration

Specify the duration in years that you were acquainted with the decedent. This value should be realistic and reflect your true knowledge of the decedent's handwriting and actions.
Item 3a

Observing Writing

When claiming personal knowledge through seeing the decedent write, be prepared to provide specific examples or contexts where you observed this to solidify your testimony.
Item 3c

Letters Received

If relying on letters as proof of handwriting knowledge, ensure that these are part of a consistent exchange and not isolated instances. This strengthens the perception that you can recognize the decedent's handwriting.
Item 4

Attachment Requirements

Attach a copy of the holographic instrument as per Attachment 4 instructions. Ensure that the copy is clear and legible as this will serve as evidence. Be aware of local court rules about certifying these copies.

What to do after filing form DE-135

1
Wait for the court to schedule a probate hearing. You will receive notice of the date, time, and location for this hearing from the court clerk.
2
Gather any additional evidence or witnesses that might be required to support the validity of the holographic instrument at the upcoming probate hearing.
3
Check if there are any objections filed by other interested parties regarding the validity of the holographic instrument. Be prepared to address these during the hearing.
4
Attend the probate hearing on the scheduled date. Be ready to present your proof of the holographic instrument, including any declarations, witnesses, or documentation.
5
Follow the court’s instructions post-hearing, which may include receiving a court order regarding the validity of the holographic will or taking any further steps as directed by the judge.
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