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DE-131Mandatory

Proof of Subscribing Witness

California · Judicial Council of California · Effective January 1, 1998

This form is used by a witness who signed a will or a change to a will (codicil) to make a sworn statement about that document. It asks the witness to confirm details about how the will or codicil was signed and that they understood what they were signing.

The court describes it as: A person who signed another person’s will (a legal paper that lists a person’s wishes about what will happen to his or her property after death) or a codicil (a change to a person’s will) uses this to make a sworn statement about that will or codicil.

Open the official PDFfrom Judicial Council of California

Where this fits in a case

Hearing

Stage: Hearing

This form is used in probate cases when a person needs to provide sworn testimony from a witness who signed the will or codicil to prove the document's validity.

Either party may file.

Official instructions

How-to guides published by the court for this form.

Common questions

Who fills out this form?
A person who signed the will or codicil, called an attesting witness, uses this form to make a sworn statement.
What does the witness confirm on this form?
The witness confirms details about when and how the will or codicil was signed, and they state they did not know of any fraud or undue influence.
Does this form require a fee?
The provided text does not mention any filing fees for this form.

Revision history

No changes recorded since we started tracking this form on October 9, 2026. The current version took effect January 1, 1998.

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