US Lawyer Database

18-C §3-406. Formal testacy proceedings; contested cases

§3-406. Formal testacy proceedings; contested cases In a contested case in which the proper execution of a will is at issue:   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1.  Self-proved will; witness not required.  If the will is self-proved pursuant to section 2-503, the will […]

18-C §3-407. Formal testacy proceedings; burdens in contested cases

§3-407. Formal testacy proceedings; burdens in contested cases In contested cases, petitioners who seek to establish intestacy have the burden of establishing prima facie proof of death, venue and heirship. Proponents of a will have the burden of establishing prima facie proof of due execution in all cases and, if they are also petitioners, prima […]

18-C §3-409. Formal testacy proceedings; order; foreign will

§3-409. Formal testacy proceedings; order; foreign will After the time required for any notice has expired, upon proof of notice, and after any hearing that may be necessary, if the court finds that the testator is dead, venue is proper and that the proceeding was commenced within the limitation prescribed by section 3-108, the court […]