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Jenna Zebrowski, JD, MBA
Attorney
Jenna Zebrowski is a JD/MBA graduate from Texas Tech University School of Law. After working in Mexico City for 3 years, she returned to the US and spent over a decade working in-house for large and small companies, including franchises, in a real estate leasing capacity, as well as in the mortgage and title industries. In private practice since 2019, Jenna is passionate about advocacy and protection for her clients’ rights, working collaboratively towards problem prevention, and solution, when necessary.
During the probate process in California, the DE-135 Proof of Holographic Instrument form is necessary when trying to validate a holographic will (a will written entirely in the decedent's handwriting). This form is typically needed when proving that the handwritten document is indeed the valid will of the deceased person, especially if it is not formally witnessed.
- Submission of a petition for probate initiates the entire probate process.
- Other forms like the DE-111 (Petition for Probate) should have been appropriately filed to begin the process.
- The need for this form is triggered when the decedent's will does not meet formal legal requirements, but is intended to be treated as a valid holographic will.
- It is often required 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 is a crucial evidentiary component to establish the validity of the holographic will during probate proceedings.
1. Establish Relationship and Knowledge: Ensure that you have personal knowledge of the decedent’s handwriting, such as having received 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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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This workflow allows you to generate forms to initiate a petition for probate in California.
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The information provided on this website/page is for general informational purposes only. It should not be construed as legal advice, nor does it create an attorney-client relationship between the author and any readers or users of this content.
