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The document DE-135 is a legal form used in the Superior Court of California for proving a holographic will. It requires the declarant to provide personal knowledge of the decedent's handwriting, details about their relationship with the decedent, and an affirmation that the attached handwritten instrument was written and signed by the decedent. The form also includes sections for attorney certification and is governed by California Probate Code § 8222.

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What is the drawback to a holographic will?

One of the most common problems with holographic wills is ambiguity. The intended meaning may have been clear to the testator, but those who are reading the will can be left with great confusion over the testators true intentions.

What are the requirements for a holographic will in California?

To be valid, a holographic will must meet four main requirements: Sound Mind: Handwritten by the Testator: Intent to Create a Will: Testators Signature:

Can you print a holographic will?

Lastly, the law indicates that the holographic will is still valid whether it is entirely handwritten or if it is a commercially printed do-it-yourself will form, as long as it is signed in the creators handwriting.

What is needed for a holographic will?

Include the same basic components as a standard will, such as naming the beneficiaries for your assets and naming a guardian for minor children. Sign and date the document. Your own signature is the only verification for a holographic will.

Is it legal to write your own will in California?

You can write up your own will, hire a lawyer to write a will for you, or you can use a California Statutory Will form, which is a simple will for people with relatively small estates. The California Statutory Will form lets you appoint an executor to make sure your wishes are carried out.

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How do I make a holographic will in California?

Holographic wills in California To be valid, a holographic will must: Be written entirely in your handwriting and signed by you. Be written while you were of sound mind, and not under pressure from someone else. Include the date you wrote it.

Is California a holographic will state?

Even though California law recognizes holographic wills, they can be harder to prove in court than a will which was signed by witnesses. If no one saw you write your will, the probate court must be convinced that it was, in fact, written in your own handwriting or authorized to be written in someone elses.

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